THE NINETY-SIXTH DAY

                               

 

Carson City (Friday), May 9, 2003

 

    Assembly called to order at 11:04 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present except Assemblyman Williams, who was excused.

    Prayer by the Chaplain, Reverend Stan Friend.

    God of creativity, we acknowledge with wonder the gifts and talents You have given to human beings. Remind us of our obligations to use those gifts for Your purposes and not to waste opportunities to do good. Give divine wisdom to our lawmakers as they use their abilities to serve we, the people, of the State of Nevada. In Your Name we pray.

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 Senate Bill No. 24, 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

Mr. Speaker:

    Your Committee on Constitutional Amendments, to which was referred
Assembly Joint Resolution No. 13, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Harry Mortenson, Chairman

Mr. Speaker:

    Your Committee on Government Affairs, to which were referred Senate Bills Nos. 16, 424, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Government Affairs, to which were referred Senate Bills Nos. 54, 140, 450, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Government Affairs, to which were referred Senate Bills Nos. 145, 280, 452, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Government Affairs, to which was referred Senate Bill No. 112, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark Manendo, Chairman

Mr. Speaker:

    Your Committee on Judiciary, to which were referred Senate Bills Nos. 73, 315, 383, 434, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Judiciary, to which was referred Senate Bill No. 90, has had the same under consideration, and begs leave to report the same back with the recommendation:
Do pass.

    Also, your Committee on Judiciary, to which was referred Senate Bill No. 70, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Judiciary, to which were referred Senate Bills Nos. 197, 199, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Judiciary, to which was referred Senate Bill No. 207, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Judiciary, to which was referred Senate Bill No. 297, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Judiciary, to which was referred Senate Bill No. 432, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bernie Anderson, Chairman

Mr. Speaker:

    Your Concurrent Committee on Judiciary, to which was referred Senate Bill No. 317, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Bernie Anderson, Chairman

Mr. Speaker:

    Your Committee on Taxation, to which was referred Senate Bill No. 465, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Taxation, to which was referred Senate Bill No. 467, has had the same under consideration, and begs leave to report the same back with the recommendation:
Do pass.

    Also, your Committee on Taxation, to which was referred Senate Bill No. 469, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

    Also, your Committee on Taxation, to which was referred Senate Bill No. 470, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

David Parks, Chairman

Mr. Speaker:

    Your Committee on Transportation, to which were referred Senate Bills Nos. 288, 322, 478, 481, 482, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Transportation, to which was referred Senate Bill No. 405, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Vonne Chowning, Chairman

Mr. Speaker:

    Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 267, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

    Also, your Committee on Ways and Means, to which was re-referred Assembly Bill No. 504, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

Mr. Speaker:

    Your Concurrent Committee on Ways and Means, to which was referred Assembly Bill
No. 392, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.

Morse Arberry Jr., Chairman

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

    Assembly in recess at 11:10 a.m.

ASSEMBLY IN SESSION

    At 11:11 a.m.

    Mr. Speaker presiding.

    Quorum present.

    Mr. Speaker announced that pursuant to Assembly Standing Rule No. 1, Section 2, subsection (d), Assemblywoman Buckley would act as presiding officer

    Assemblywoman Buckley presiding.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 6, 2003

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed
Assembly Bills Nos. 273, 497.

    Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 262, Amendment No. 585, and respectfully requests your honorable body to concur in said amendment.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 20.

Mary Jo Mongelli

Assistant Secretary of the Senate

Senate Chamber, Carson City, May 9, 2003

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day adopted
Senate Concurrent Resolution No. 35.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

    By the Committee on Elections, Procedures, and Ethics:

    Assembly Joint Resolution No. 15—Urging Congress to provide a comprehensive plan for the coverage of prescription drugs within the Medicare program.

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

    Remarks by Assemblywoman Giunchigliani.

    Motion carried unanimously.

    By the Committee on Ways and Means:

    Assembly Joint Resolution No. 16—Proposing to amend the Nevada Constitution to provide that a person elected to be State Treasurer shall serve as the ex officio State Controller.

    Resolved by the Assembly and Senate of the State of Nevada, Jointly, That Section 19 of Article 5 of the Nevada Constitution be amended to read as follows:

    Sec. 19.  1.  A secretary of state, a treasurer [, a controller,] and an attorney general, shall be elected at the same time and places, and in the same manner as the governor. The term of office of each shall be the same as is prescribed for the governor.

    2.  The treasurer shall serve as the ex officio state controller.

    3.  Any elector shall be eligible to any of these offices, but no person may be elected to any of them more than twice, or more than once if he has previously held the office by election or appointment.

And be it further

    Resolved, That the term of office for any person elected State Controller at the general election conducted in 2006 pursuant to the provisions of Section 19 of Article 5 of the Nevada Constitution, as those provisions existed before the effective date of this act, expires on November 6, 2006.

    Assemblywoman Giunchigliani moved that the resolution be referred to the Committee on Constitutional Amendments.

    Motion carried.

    By Assemblymen Perkins, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Pierce, Sherer, Weber, and Williams; Senators O’Connell, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington, and Wiener (Emergency Request of Speaker Perkins):

    Assembly Concurrent Resolution No. 23—Congratulating the City of Henderson upon the celebration of its 50th Anniversary.

    Whereas, The City of Henderson was “born in America’s defense” in an effort to supply the United States War Department with critical magnesium, the “miracle metal,” for ammunition and fighter planes to assist the Allies during World War II; and

    Whereas, In 1947, when vast quantities of magnesium were no longer needed, the United States War Asset Administration actually offered the area now known as Henderson for sale as war-surplus property; and

    Whereas, In an effort to save the area, the Nevada Legislature spent a weekend visiting Henderson to evaluate the possibility of the State’s administration of the Basic Magnesium Plant; and

    Whereas, Within days of the visit, the Legislators unanimously approved a bill giving the Colorado River Commission of Nevada the authority to purchase the industrial plant, and on March 27, 1947, Governor Vail Pittman signed the bill which ultimately saved the area from becoming war-surplus property; and

    Whereas, On April 16, 1953, District Judge A. S. Henderson signed the official incorporation papers creating the City of Henderson, named for United States Senator
Charles Belknap Henderson; and

    Whereas, The City of Henderson originally included approximately 13 square miles with a population of 7,410, and today it encompasses nearly 94 square miles of incorporated land and has a population in excess of 210,000; and

    Whereas, From its humble beginnings, the City of Henderson today is the second largest city in Nevada and is nationally known for its premier parks, master-planned residential communities and high quality of life, and for the thousands of new residents who move there each year, the City of Henderson is truly “living the American Dream”; and

    Whereas, The City of Henderson boasts 7 public golf courses, an award-winning parks and recreation system with over 40 developed parks totaling more than 620 acres, senior and recreation centers, ball fields, tennis courts, trails and equestrian parks and 10 aquatic venues throughout the City; and

    Whereas, With nationally accredited Police and Fire Departments, Henderson has also been recognized as one of the “50 Safest Cities in the United States” by Money magazine, one of the 50 most “kid friendly” towns in America and was recently named as one of the best places to retire in America; and

    Whereas, Educational excellence abounds in the City with its 22 elementary schools,
7 junior high and middle schools, 5 high schools, its own newly created state college and a variety of other public and private institutions; and

    Whereas, An increasing number of upscale resorts and hotels have also discovered the warmth and charm of the City of Henderson, including the Hyatt at Lake Las Vegas, Sunset Station, the Fiesta, Green Valley Ranch Resort and the newly-opened Ritz Carlton, in addition to the already successful businesses within the City, including Ethel M Chocolates, Levi-Strauss, L’eggs, Ocean Spray and Good Humor-Breyers; and

    Whereas, What began as a small town in 1953, born of patriotism and pride, has truly blossomed into one of the premier cities in America; and

    Whereas, The City of Henderson is celebrating its 50th Anniversary throughout 2003 with patriotic events, parades, memorials and other activities commemorating its heritage, tremendous progress and continuing high quality of life for its residents; and

    Whereas, The City of Henderson, the largest full-service city in Southern Nevada, continues to be a shining example of efficiency and small town values that have helped build and shape this great state; now, therefore, be it

    Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 72nd Session of the Nevada Legislature do hereby congratulate the City of Henderson on its 50th Anniversary and commend the City for providing and maintaining an outstanding quality of life for its residents while earning the distinction of becoming the fastest growing city in America; and be it further

    Resolved, That the City of Henderson is hereby urged to continue its tremendous legacy of service to our nation, our state and its residents, and may it continue to grow and flourish as one of the bright stars of success in the State of Nevada; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Mayor of the City of Henderson, James B. Gibson, City Council Members
Jack Clark, Amanda Cyphers, Andy Hafen, and Steve Kirk and City Manager Phil Speight.

    Assemblyman Perkins moved the adoption of the resolution.

    Remarks by Assemblymen Perkins, Collins, Griffin, Brown, Chowning, Andonov, and Horne.

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

    Assemblyman Perkins:

    Thank you. For a long time, I’ve told people that I was raised in rural Nevada, because I was raised in Henderson. Quite honestly, during the years that I grew up in that fine city, it was more like rural Nevada. You actually had to drive from Henderson to get somewhere. The cities were not contiguous then. I am standing here with a great deal of pride in the city that I call home and honoring the city that I call home. I have seen the city grow from a small, little place, certainly today not the same place I grew up, in to a very dynamic, very thriving, very prideful city that has accomplished a great deal of things. It is a model in many ways. It certainly is not a city that holds itself out to create divisions amongst itself and other municipalities. It is very, very conclusive with all those groups as well. But just by virtue of the quality of life we find in that fine city, it continues to build upon its own success. Madam Majority Leader, again it’s with great pride that I stand today and ask for the adoption of ACR 23.

    Assemblyman Collins:

    Thank you, Madam Majority Leader. I can remember when I was a kid riding around the City of Henderson. You went down the Triangle at the bottom and then you went up Boulder Highway to the railroad tracks and the power line, and you traveled that way for a while. All that was above it was the water reservoir. You went down to Highland Hills and down to Lake Mead and you came back down the Triangle; you had been around the town. It has changed a lot. I enjoy walking to Basic Elementary School; the traditions of Industrial Days; the fun we had. It was a great place to grow up. I certainly hope that we all support this resolution and be proud of the many accomplishments that have happened since those fun days. Those fun days continue now on a larger scale and I’m very happy to support this resolution. Thank you.

    Assemblyman Griffin:

    Thank you, Madam Majority Leader. I, too, rise in support of ACR 23. I am very happy to say that for nearly all of my life, I have lived in the state’s second largest city. It’s only been for the last several of those years that that city has been Henderson. It’s been a great place for our family and it’s a wonderful community. I am proud to stand here on the Floor and honor this resolution. Thank you.

    Assemblyman Brown:

    Thank you, Ms. Majority Leader. I, too, rise in support of ACR 23. As a native of southern Nevada, Henderson was always out there. I was born and raised in Las Vegas. My family has been there since 1923. We’re proud to be from southern Nevada. Over the last five years, I have been a resident of Henderson and it truly is, as the motto goes, “the place to call home.” I’m pleased to support the resolution.

    Assemblywoman Chowning:

    Thank you, Madame Majority Leader. It’s a pleasure for me to stand in support of ACR 23. As a young girl, a little girl, growing up in Henderson, I know some people say, “Gee, but you never really grew up.” Well, I have grown up and I’m still little. But I grew up in Henderson when it was a very small town and we could go to the movies, we could walk to the movies and walk back and no one ever bothered us. Lots of times, there were free movies and free
sing-alongs at Christmas time around the Christmas tree. When I was going to college, when UNLV was NSU, Nevada Southern University, I didn’t drive and a lot of people never wanted to give me a ride back to Henderson because it was so far away. Boy, how times have changed. It is because of those strong roots and that small town that I’m proud to be a Nevadan and proud of my roots from Henderson. Thank you.

    Assemblyman Andonov:

    Thank you, Madam Majority Leader. I, too, rise in support of ACR 23. I just would like to echo some of the comments that my fellow Henderson delegation has made. I’m very, very proud to represent Henderson. And although I represent some of the newer parts of Henderson, which include Green Valley, Green Valley Ranch, and Sun City, my family has always been affiliated with Henderson in some capacity. So, as the Speaker mentioned, I have seen the city grow and prosper. I am very proud and honored to be able to represent it. I really do think we have one of the finer mayors in the country, in Henderson; an outstanding city council; and an outstanding city manager. I’m very, very grateful to be a part of that city. Thank you.

    Assemblyman Horne:

    Thank you, Madam Majority Leader. I rise in support of ACR 23. Growing up in Las Vegas, I never lived in Henderson, but I remember when it was called “Hooterville,” by those of us who lived there. It was way out there. Playing football, if we had to go to Basic, you wanted to pack a lunch because it was a long drive to go all the way out there. And also with the National Guard Armor Unit, that’s where we drove our tanks around, in the desert, chasing rabbits. I’m pleased to say that it has changed so much. It’s been incredible. I’m proud to have been there to witness all of it. I’m pleased to rise in support of ACR 23.

    Resolution adopted unanimously.

    Assemblyman Perkins moved that all rules be suspended and that Assembly Concurrent Resolution No. 23 be immediately transmitted to the Senate.

    Motion carried unanimously.

    By Assemblymen Chowning, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber, and Williams; Senators Carlton, Amodei, Care, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O’Connell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington, and Wiener:

    Assembly Concurrent Resolution No. 24—Memorializing casino visionary and philanthropist William Bennett.

    Whereas, The members of the Nevada Legislature join the people of Nevada in mourning the loss of William Bennett, casino visionary and philanthropist, who passed away on
December 22, 2002; and

    Whereas, William Bennett was born November 16, 1924, in Glendale, Arizona, and after serving as a Navy dive-bomber pilot during World War II, William Bennett returned home to Arizona and built a chain of furniture stores which he sold in 1962; and

    Whereas, Finding himself bankrupt when his investments were mismanaged by an investment company, William Bennett bounced back by using the opportunity to take his career in a different direction when he was hired by the Del Webb Corporation, an Arizona-based construction company that was expanding into casino operations, and took great pride in the fact that he eventually repaid all his creditors; and

    Whereas, Transferring to the Sahara Tahoe in 1965, William Bennett worked as a casino host at night and in various hotel departments by day, learning the casino trade, and was quickly promoted to manager of the Sahara Tahoe and later of the Mint, reversing that casino’s trend of losing $2 million annually to making $9 million a year; and

    Whereas, When William Bennett left Del Webb, he and long-standing business partner, Bill Pennington, formed a slot machine leasing business and later leased the troubled Circus Circus in Las Vegas, exercising the option to buy in 1983; and

    Whereas, In contrast to most of the glamorous, glitzy, high-rolling casinos in Las Vegas at that time, the new Circus Circus added another dimension to the city, making its target demographic the families of the Heartland of America, offering affordable rooms and meals and a family-friendly atmosphere with circus activities and arcades to entertain the children while keeping them out of the gaming area; and

    Whereas, In 1990, Circus Circus Enterprises, under William Bennett’s reign, opened the $300 million Excalibur, followed by the opening of the $375 million Luxor in 1993, and the purchase of the Sahara in 1995; and

    Whereas, William Bennett, who had a longtime love of auto racing, and Ralph Engelstad, owner of the Imperial Palace, developed the $200 million Las Vegas Motor Speedway, which brought in a new type of tourist, the race fan; and

    Whereas, While William Bennett’s marketing genius made him very successful, with Forbes magazine ranking him as one of America’s richest men, he avoided the public spotlight and preferred to donate to various charities without seeking recognition, founding the Bennett Foundation to contribute to the needs of his community; and

    Whereas, Much of William Bennett’s generosity was directed at employees of rival casinos, such as when he supplied 3 meals a day 7 days a week for 5 years to striking workers of the Frontier and when he made a generous donation to an association of employees of the Aladdin after the casino was closed because of a management dispute; and

    Whereas, William Bennett was instrumental in the building of the Temple Beth Sholom and, being an ardent animal rights activist, also gave his support to many animal rights groups; and

    Whereas, William Bennett had a special place in his heart for education, donating more than $10 million to the University of Nevada, Las Vegas, to build the Lynn Bennett Early Childhood Development Center and the William G. Bennett Professional Development Building which will train teachers to better educate at-risk students; and

    Whereas, William Bennett is survived by his wife Lynn, daughter Diana Bennett, son William A. Bennett of Las Vegas, stepdaughter Laura Lynn Lucia of Euless, Texas, four grandchildren and two great-grandchildren; now, therefore, be it

    Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 72nd Session of the Nevada Legislature offer their sincere condolences to the family and friends of William Bennett; and be it further

    Resolved, That the effect of William Bennett’s vision and generosity will be felt for generations to come; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Lynn, the beloved wife of William Bennett.

    Assemblywoman Chowning moved the adoption of the resolution.

    Remarks by Assemblymen Chowning, Pierce, Mortenson, and Parks.

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

    Assemblywoman Chowning:

    Thank you, Madam Majority Leader. It is a privilege to honor a beloved Nevadan,
William Bennett. When I was a young girl my parents worked in the hotel industry. My husband and daughters have worked in the hotel industry, as well. I feel directly benefited from the generosity of this great man. Not many people have their remembrances written in the Los Angeles Times, but in a recent article it was stated he cut costs everywhere, but he understood his market, middle-class Americans. The regular guy can afford Las Vegas because of guys like Bill Bennett. He brought circus acts to Las Vegas, King Arthur jousting themes, and pyramids on the Las Vegas Strip. He changed the landscape of the Las Vegas Strip. He also changed it for regular families. People felt as though they could drive to Las Vegas and get an affordable room. He even made it known, via advertising, that you don’t have to have a reservation, “If you don’t have a reservation we will find a room for you.” He opened up and changed the gaming atmosphere from high rollers to regular people. This is appreciated. Bill Bennett was the son of a rancher, a WWII veteran,  a businessman, husband, father, and philanthropist. Nevada is a better place because of William Bennett. Thank you.

    Assemblywoman Pierce:

    Thank you, Madam Majority Leader. I rise in support of ACR 24. There is one point in the resolution that I want to highlight. For five of the six and a half years of the Frontier strike in
Las Vegas, three times a day, seven days a week, a food van arrived at the picket line with food for the strikers. The food was from William Bennett. The Frontier strikers, the Culinary Union, and their families will never forget this extraordinary act of kindness, generosity, and support. I worked on the Las Vegas Strip as a food server for 12 years. I remember Mr. Bennett as a man of great vision and generosity. The Culinary families mourn the passing of this great man.

    Assemblyman Mortenson:

    Thank you, Madam Majority Leader. I was privileged to know Mr. Bennett personally for quite a number of years. I started out doing some electronics work for him and evidently gained his confidence as I was allowed to do very extensive work in both Circus Circus and the Excalibur Hotel. I did a lot of personal electronics for him. Mrs. Bennett and I flew to California to his house in La Jolla where I did extensive work and was then flown back in his wonderful jet. I remember one particular occasion when Mr. Bennett came to me saying he needed some work done. I told him if I did that I would be divorced because in three days my wife and I were ready to start a month long vacation to South America, in the Amazon. Mr. Bennett said he had to have the work done, and that he made a good friend or a bad enemy. I said, “Mr. Bennett, I choose the former.”  I worked day and night to get the work done with Mrs. Bennett in La Jolla and was able to go on my vacation. He was a wonderful, generous person. I was destroyed when I heard of his demise. I am glad he is being honored here and I rise in support.

    Assemblyman Parks:

    Thank you, Madam Majority Leader. I, too, rise in support of ACR 24. I first met Mr. Bennett as an employee at the Mint Hotel. While I didn’t know him over the years that followed, I certainly followed what he accomplished. He did many wonderful things to make Nevada a much better community, and of special note, the things he did within my district, which included contributions to make UNLV a much greater institution.

    Resolution adopted unanimously.

    Assemblywoman Chowning moved that all rules be suspended and that Assembly Concurrent Resolution No. 24 be immediately transmitted to the Senate.

    Motion carried unanimously.

    By Assemblymen Perkins, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Pierce, Sherer, Weber, and Williams; Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O’Connell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington, and Wiener:

    Assembly Concurrent Resolution No. 25—Designating the week beginning May 10, 2003, as “Tourism Week in Nevada.”

    Whereas, The 20th Annual National Tourism Week will be celebrated May 10 through May 18, 2003, to acknowledge the importance of travel and tourism as a major industry in the United States; and

    Whereas, Tourism is America’s third largest retail sales industry, with $584 billion annual expenditures, and is one of our nation’s largest employers, with one out of seven people employed directly or indirectly in that industry in our nation; and

    Whereas, Tourism is one of our country’s largest service exports, with $91.1 billion spent annually by international visitors; and

    Whereas, Tourism is vital to the growth and economic stability of our nation and our state and, since the tragic events of September 11, 2001, and the subsequent war on terrorism, travel has become even more important in promoting understanding of other cultures and the exchange of ideas with people of other nations; and

    Whereas, During 2002, approximately 47.9 million travelers enjoyed the varied pleasures Nevada has to offer, from glittering resorts to small town festivals, from our splendid scenic natural landscapes to our man-made wonders, causing an economic impact for this state of over $35 billion for the year; and

    Whereas, With approximately one-fifth of all employment in Nevada directly related to the travel and tourism industry, and two-thirds of all employment in Clark County directly or indirectly related to travel and tourism, those Nevadans who proudly serve the industry are widely known for their hospitality and friendliness; and

    Whereas, Nevada sets the standard for excellence and variety for travelers who want entertainment, night-life, fine dining, beautiful resorts, family-centered activities, gaming establishments and scenic beauty; and

    Whereas, With more than 175,000 hotel rooms in this state, Las Vegas leads the way with more rooms for travelers than any other city in this country and a reported 15,000 miles of neon tubing, together with more than 60 golf courses designed by golf’s greatest players and 18 of the top 20 hotels in this country; and

    Whereas, For those tourists seeking the more adventurous outdoor experience, our state offers such sports as heli-skiing, mountain biking, hiking, rock climbing, skiing, sandboarding and paragliding, all amidst the most beautiful scenery imaginable; and

    Whereas, For those seeking a more tranquil experience, Nevada is home to some of the most breathtaking mountain ranges and lakes in the world, where fishing, boating and camping can renew one’s spirit; and

    Whereas, Throughout 2002, 5.8 million people attended conventions and trade shows in the Silver State, with a higher-than-average travel budget exceeding $1,000 per person; and

    Whereas, Traveling can bring a family closer together, opening up a whole new world of interesting things to do, people to meet and places to go, and can change a child’s life by sparking his imagination and curiosity about other cultures and how other people live; and

    Whereas, From exploring a historic ghost town to meandering through a world-class art museum, attending a cowboy poetry festival or a rodeo, playing a round of golf, watching an international singing star perform or just sitting under the stars staring at a magnificent landscape, a traveler can be taken away from his everyday life by expanding his horizons and experiencing things he might never have done if not venturing out of his own backyard; now, therefore, be it

    Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the Nevada Legislature recognize that a healthy travel and tourism industry is essential to the economy of our state and nation; and be it further

    Resolved, That the members of the Legislature congratulate the hundreds of thousands of Nevadans who are employed in one aspect of the Nevada tourism industry or another and express gratitude for the level of excellence and dedication they contribute toward the success of Nevada’s reputation as one of the finest tourist destinations in this country; and

    Resolved, That the residents of the State of Nevada are each hereby encouraged to recognize and celebrate National Tourism Week by making plans for travel that will refresh the body, intrigue the mind and renew the spirit; and be it further

    Resolved, That the week beginning May 10, 2003, is hereby designated as “Tourism Week in Nevada”; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Bruce Bommarito, Executive Director of the Commission on Tourism for the State of Nevada.

    Assemblyman Perkins moved the adoption of the resolution.

    Remarks by Assemblymen Perkins and Carpenter.

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

    Assemblyman Perkins:

    Thank you. It is an honor for me to support this resolution and offer it to the Body for adoption. Tourism and Nevada go hand in hand. That is something we have all grown up with. We’ve all known that it’s part of the fabric of this great state. It’s not something we apologize for. It is something we encourage, something we enjoy; it’s something we are very, very proud of. I would like to really highlight one paragraph in the resolution, where it says: “Resolved, that the members of the Legislature congratulate the hundreds of thousands of Nevadans who are employed in one aspect of the Nevada tourism industry or another and express gratitude for the level of excellence and dedication they contribute towards the success of Nevada’s reputation as one of the finest tourism destinations in this country.” It can’t be said better than that, in my opinion. There are so many people that contribute to the success of our tourism industry, making it what it is and making it quite the draw for us, as a state. I think we do owe our gratitude to each and every one of those tourism-based employees, as well as many others, for the hard work they do in creating such an extraordinary destination for all those from all over the world. Thank you.

    Assemblyman Carpenter:

    Thank you, Madam Majority Leader. I rise in support of ACR 25. I don’t think there is any question that tourism is the heartbeat of rural Nevada, also. This resolution speaks to heli-skiing in Elko County. We have the best heli-skiing in the world. If any of you have the money and the time and the guts, come on up. You’ll get a great ride. It also speaks of cowboy poetry. Elko has the granddaddy of all cowboy poetry. It is my honor to rise in support of this resolution. I just hope that the tourists keep coming to rural Nevada.

    Resolution adopted unanimously.

    Assemblyman Perkins moved that all rules be suspended and that Assembly Concurrent Resolution No. 25 be immediately transmitted to the Senate.

    Motion carried unanimously.

    By Assemblymen Giunchigliani, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber, and Williams; Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O’Connell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington, and Wiener:

    Assembly Concurrent Resolution No. 26—Memorializing longtime Nevada attorney and University of Nevada Regent, Joseph M. Foley.

    Whereas, The members of the 72nd Session of the Nevada Legislature join the residents of Las Vegas and all of Nevada in mourning the death of Joseph M. Foley; and

    Whereas, Joseph Foley was born in Goldfield, Nevada, on January 31, 1924, the fourth son of Roger T. and Helen Drummond Foley, and moved with his family to California and then, at the age of 4 years, to Las Vegas where he attended Fifth Street Grammar School and graduated from Las Vegas High; and

    Whereas, During World War II, Joseph Foley served in the Army in North Africa and, upon his return, entered the University of Nevada in Reno in 1946 where he met Betty Bradshaw during his first day on campus; and

    Whereas, Joseph and Betty were married in 1950 and raised a family of six children in the Foley tradition of service to the community, true to the family motto, “That I may be of service”; and

    Whereas, After graduation from the University of Nevada, Joseph Foley earned his law degree from the University of San Francisco Law School, was admitted to the State Bar of Nevada in 1951, and practiced law with his brothers for a time in what would be recognized in the late 1950s as the largest law firm in the United States that was comprised entirely of brothers; and

    Whereas, Joseph Foley served for more than 15 years as a member and chairman of the Administrative Committee of the Nevada State Bar for the Southern Region which handled complaints against lawyers and investigated applicants for admission to the bar; and

    Whereas, The law practice of Joseph Foley included a list of impressive clients, the most noted of whom was Howard Hughes who was represented by Foley in mining, gaming and real estate matters, and, after the death of Hughes in 1974, Foley was counsel for the Hughes’ estate in will contests that gained national attention; and

    Whereas, Elected to the Board of Regents for the University of Nevada System in 1984 on the promise that he would work to change the image of the University of Nevada, Las Vegas, from a basketball school to a respected center of higher learning, Joseph Foley’s 12 years of service on the Board focused on bringing education to at-risk populations of the State and, in an effort to aid rehabilitation and reduce recidivism, to prison populations; and

    Whereas, The relentless efforts of Joseph Foley to increase the effectiveness of university programs and his belief in the value of higher education were acknowledged in 1997 with his receipt of the UNLV President’s Medal; and

    Whereas, Joseph Foley, known for his very big heart, also gave to his community with involvement in various charitable organizations, such as March of Dimes, United Way and Catholic Welfare of Nevada, and as a top-ranking officer for organizations such as the Benevolent and Protective Order of Elks and the Knights of Columbus; and

    Whereas, Joseph Foley is survived by his wife, Betty, daughters, Helen Foley,
Jeanne Clarke, Kathleen Meyer and Shannon Lyman, sons, Daniel and Patrick and
16 grandchildren; now, therefore, be it

    Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 72nd Session of the Nevada Legislature offer their sincere condolences to the family and friends of Joseph M. Foley and extend their gratitude for the many years of public service of Joseph Foley and the entire Foley family; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Betty Foley, Joseph’s loving wife for 52 years.

    Assemblywoman Giunchigliani moved the adoption of the resolution.

    Remarks by Assemblymen Giunchigliani, Goldwater, and Ohrenschall.

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

    Assemblywoman Giunchigliani:

    Thank you, Madam Majority Leader. I rise in support of this resolution and hope that my colleagues will join me in recognizing and memorializing a statesman who epitomized community service and work ethic throughout his long life. I’m privileged to actually have been the representative of the Foley family, actually several members of the Foley family. Betty and Joe were my constituents. Danny is in the district. Part of the district used to be represented by Helen when she served in these Chambers. The resolution said a great deal about the man, but I think the family that is here today with all of us will really paint the true picture of what
Joseph Foley was all about. He was a lawyer, a regent, and a tireless advocate of those less fortunate. Most importantly, he had a strong sense of family and he’ll truly be missed by all of them, but I feel that I can say that his spirit lives on through all of them. I see this resolution as a day to celebrate what Joseph Foley did for his community and for the State of Nevada. Welcome his family here. Thank you.

    Assemblyman Goldwater:

    Thank you, Madam Majority Leader. May I say, you look lovely up there. I rise in support of ACR 26. It’s sad today, because it makes me aware that we continue to lose our greatest generation. Joe Foley was a big part of that generation. He did all the things that generation will be noted for—fighting in a war, serving his community in a quiet, understated way, always doing what he felt was correct. The Foley family is legendary in Nevada. Everything that is great about our state can be associated with the Foleys. Joe Foley was a great friend to my own father, as was George Foley and Danny Foley, who were particularly kind to him in his later years. I can tell you that will never be forgotten in my mind. There wasn’t an institution that I grew up in that wasn’t touched by the Foley family, whether it was Gorman High School or UNLV or later, even this Legislature. He was a great man, he will be remembered as such, and his legacy is always being continued and will be for a long time in this state.

    Assemblywoman Ohrenschall:

    Thank you, Madam Majority Leader. I, too, rise in support of this resolution. I remember when I first came to Las Vegas, and started practicing law in the First National Bank Building, the attorney that we looked at with the greatest admiration was Joe Foley. Definitely I can attest to the fact that Joe Foley and the father of our Chairman of Commerce and Labor were good friends, because I worked for the father of the Chairman of Commerce and Labor. Joe Foley set an example for the Bar, of ethics, study, research, and an absolute willingness to listen to every side of an issue. He didn’t decide on a flat, black-and-white rule, with tunnel vision. He listened to everything. It was a real inspiration to work with him on several Bar committees. I urge the Assembly to adopt this resolution.

    Resolution adopted unanimously.

    Assemblywoman Giunchigliani moved that all rules be suspended and that Assembly Concurrent Resolution No. 26 be immediately transmitted to the Senate.

    Motion carried unanimously.

    By Assemblymen Angle, Knecht, Gustavson, Beers, Andonov, Brown, Carpenter, Christensen, Gibbons, Goicoechea, Grady, Griffin, Hardy, Hettrick, Mabey, Marvel, Sherer, and Weber:

    Assembly Joint Resolution No. 17—Proposing to amend the Nevada Constitution to prohibit the Legislature from exceeding certain limitations in appropriating or authorizing amounts for expenditure, to provide for the disposition of revenues in excess of the limitations on the amounts that may be appropriated or authorized for expenditure and to authorize a reduction in the tax upon real property if it is paid in a lump sum.

    Resolved by the Assembly and Senate of the State of Nevada, Jointly, That new sections be added to Article 4, and Section 1 of Article 10 of the Nevada Constitution be amended to read respectively as follows:

    Sec. 39.  1.  Except as otherwise provided in subsection 2, the Legislature shall not, without the affirmative vote of at least two-thirds of the members elected to each House, appropriate or authorize for expenditure in any fiscal year an amount which exceeds the amount appropriated or authorized for expenditure during Fiscal Year 2002-2003, plus cumulative adjustments for changes in:

    (a) Inflation; and

    (b) The population of the State.

    2.  The limitation on expenditures described in subsection 1 does not apply with respect to any revenue that is:

    (a) Required to be deposited in a fund to be used exclusively for the administration, construction, reconstruction, improvement and maintenance of highways;

    (b) Necessary to pay the interest and principal on public debts lawfully contracted by the State;

    (c) Generated by contracts of indebtedness lawfully entered into or assumed by or on behalf of the State; or

    (d) Received from the Federal Government or received from any person or entity in the form of a gift or a grant.

    Sec. 40.  1.  Except as otherwise provided in subsection 2, the Legislature shall deposit into the fund established pursuant to Section 41 of this Article any revenues that exceed the limitation on expenditures established pursuant to Section 39 of this Article.

    2.  If the fund established pursuant to Section 41 of this Article contains an amount of money which is greater than 10 percent of the amount of money contained in the State General Fund, any revenues that exceed the limitation on expenditures established pursuant to Section 39 of this Article must be used to reduce any tax imposed upon motor vehicles by the Legislature in lieu of an ad valorem property tax.

    Sec. 41.  The Legislature shall provide by law for the creation, as a special revenue fund, of a fund to stabilize the operation of the State Government.

    Section 1.  1.  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 provide by law for a reduction in the tax upon real property if the tax may be paid in installments and the total amount of the tax is paid in a lump sum on or before the date on which the first installment is due. Any reduction so provided may not be greater than 5 percent of the total amount of the tax that is due.

    Assemblywoman Angle moved that the resolution be referred to the Committee on Constitutional Amendments.

    Motion carried.

    Senate Concurrent Resolution No. 11.

    Assemblywoman Koivisto moved the adoption of the resolution.

    Remarks by Assemblywoman Koivisto.

    Resolution adopted.

    Senate Concurrent Resolution No. 35.

    Assemblywoman Giunchigliani moved the adoption of the resolution.

    Remarks by Assemblywomen Giunchigliani and Gibbons.

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

    Assemblywoman Giunchigliani:

    Thank you, Madam Majority Leader. Several months ago we took a few moments to honor former President Ronald Reagan on the occasion of his 90th birthday. Today we honor another former President, Jimmy Carter, who received the Nobel Peace Prize for “his decades of untiring effort to find peaceful solutions to international conflicts, to advance democracy and human rights, and to promote economic and social development.” 

    Jimmy Carter aspired to make government competent and compassionate and responsive to the American people and their expectations. During his tenure he worked hard to combat the continuing economic woes of inflation and unemployment. By the end of his administration he could claim an increase in nearly 8 million jobs and a decrease in the budget deficit, measured in percentage of gross national product. Unfortunately, inflation and interest rates were at near record highs and efforts to reduce them caused a short recession. President Carter could point to a number of achievements in domestic affairs. He dealt with the energy shortage by establishing a national energy policy and by decontrolling domestic petroleum prices to stimulate production. He prompted government efficiency through civil service reform and proceeded with deregulation of the trucking and airline industries. He sought to improve the environment. His expansion of the National Park System included protection of 103 million acres of Alaskan lands. To increase human and social services he created the Department of Education, bolstered Social Security, and appointed record numbers of women, blacks, and Hispanics to government jobs.

    The recognition that we do today recognizes that after his tenure, he is one of the few presidents that really committed himself to community service. In 1982 he became the University Distinguished Professor at Emory University in Georgia. He also founded the Carter Center. He actively worked for the Not-For-Profit Center addressing national and international issues. He continues to teach Sunday School on a regular basis and he continues to volunteer one week a year for Habitat for Humanity, an organization that helps needy people in the United States, and other countries, renovate and build homes for themselves.

    I would ask us to recognize that once a person has been in the public light, many choose to go away and make a great deal of money. What Jimmy and Rosalynn chose to do was to continue their legacy of service to the community, the United States, and internationally. I hope that you will join me in supporting SCR 35. Thank you.

    Assemblywoman Gibbons:

    Thank you, Madam Majority Leader. I rise in support of this resolution. I am from Georgia. When I left Georgia, President Carter was serving the state as Governor. Great leaders come from Georgia. Jimmy Carter was very special to the state of Georgia. I remember when he ran for governor the first time, having already served in the State Senate. He ran against
Lester Maddox, a man who sold ax handles outside of a restaurant, and he lost. When he ran for governor he was considered the more conservative candidate. He became Governor in 1970 when the economy wasn’t doing very well in Georgia. He implemented zero-based budgeting and put Georgia in a fiscally responsible state. I am fond of his work for Habitat for Humanity and I am on the board as well. President Carter really made a difference. At 15 years of age, I was the young person who raised the most money for St. Jude Children’s Clinic and was invited to the Governor’s Mansion to have lunch with him. He was very special. He has done a lot for our country and world, even since he has left the presidency.    

    Resolution adopted unanimously.

REPORTS OF COMMITTEES

Mr. Speaker:

    Your Committee on Health and Human Services, to which was referred Senate Bill No. 179, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ellen Koivisto, Chairman

INTRODUCTION, FIRST READING AND REFERENCE

    By the Committee on Ways and Means:

    Assembly Bill No. 546—AN ACT making an appropriation to the City of Las Vegas for support of the Youth Athletic Grant Program; 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 the Committee on Ways and Means:

    Assembly Bill No. 547—AN ACT making an appropriation to the City of Las Vegas for additional services to child care providers through the Child Care Improvement Grant Program; and providing other matters properly relating thereto.

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

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Oceguera moved that the reading of Histories on all bills be dispensed with for this legislative day.

    Motion carried.

SECOND READING AND AMENDMENT

    Senate Bill No. 13.

    Bill read second time and ordered to third reading.

    Senate Bill No. 40.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 599.

    Amend section 1, page 1, line 5, before “causes” by inserting: “maliciously or wantonly”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

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

    Senate Bill No. 43.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 600.

    Amend sec. 5, page 1, line 18, by deleting “13” and inserting “14”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Senate Bill No. 48.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 601.

    Amend sec. 22, page 4, by deleting lines 3 and 4 and inserting:

    “3.  The provisions of this section do not apply if the child custody laws of the foreign country where the child custody determination was made violate”.

    Amend sec. 46, page 15, between lines 8 and 9, by inserting:

    “7.  The provisions of this section do not apply to an order for protection against domestic violence issued by the court of another state, territory or Indian tribe within the United States which is registered pursuant to
NRS 33.090.”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, engrossed, and to third reading.

    Senate Bill No. 94.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 602.

    Amend sec. 2, page 3, by deleting lines 22 through 27.

    Amend sec. 2, page 3, line 28, by deleting “5.” and inserting “4.”.

    Amend the title of the bill by deleting the fourteenth through nineteenth lines and inserting: “peace officer; and providing other matters properly relating thereto.”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

    Bill ordered reprinted, re-engrossed, and to the Concurrent Committee on Health and Human Services.

    Senate Bill No. 141.

    Bill read second time and ordered to third reading.

    Senate Bill No. 183.

    Bill read second time.

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

    Amendment No. 564.

    Amend section 1, page 1, line 3, before “A” by inserting “1.”.

    Amend section 1, page 1, line 4, after “provide” by inserting “coverage”.

    Amend section 1, page 1, line 6, by deleting “1.” and inserting “(a)”.

    Amend section 1, page 1, line 8, by deleting “2.” and inserting “(b)”.

    Amend section 1, page 1, after line 11, by inserting:

    “2.  A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2003, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with the provisions of this section is void.”.

    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 689A.330 is hereby amended to read as follows:

    689A.330  If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the Commissioner that the policy is not subject to approval or disapproval by that officer, the Commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 1 of this act.”.

    Amend sec. 2, page 2, line 3, before “A” by inserting “1.”.

    Amend sec. 2, page 2, line 4, after “provide” by inserting “coverage”.

    Amend sec. 2, page 2, line 6, by deleting “1.” and inserting “(a)”.

    Amend sec. 2, page 2, line 8, by deleting “2.” and inserting “(b)”.

    Amend sec. 2, page 2, between lines 11 and 12, by inserting:

    “2.  A policy of group health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after
October 1, 2003, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with the provisions of this section is void.”.

    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.  Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A policy of health insurance issued by a hospital or medical service corporation that provides coverage for the treatment of colorectal cancer must provide coverage for colorectal cancer screening in accordance with:

    (a) The guidelines concerning colorectal cancer screening which are published by the American Cancer Society; or

    (b) Other guidelines or reports concerning colorectal cancer screening which are published by nationally recognized professional organizations and which include current or prevailing supporting scientific data.

    2.  A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2003, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with the provisions of this section is void.”.

    Amend sec. 3, page 2, line 14, before “A” by inserting “1.”.

    Amend sec. 3, page 2, line 16, after “provide” by inserting “coverage”.

    Amend sec. 3, page 2, line 18, by deleting “1.” and inserting “(a)”.

    Amend sec. 3, page 2, line 20, by deleting “2.” and inserting “(b)”.

    Amend sec. 3, page 2, between lines 23 and 24, by inserting:

    “2.  An evidence of coverage for a health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2003, has the legal effect of including the coverage required by this section, and any provision of the evidence of coverage that conflicts with the provisions of this section is void.”.

    Amend the bill as a whole by renumbering sections 4 and 5 as sections 8 and 9 and adding new sections designated sections 6 and 7, following sec. 3, to read as follows:

    “Sec. 6.  NRS 695C.050 is hereby amended to read as follows:

    695C.050  1.  Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.

    2.  Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.

    3.  Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.

    4.  The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive, 695C.250 and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Human Resources. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

    5.  The provisions of NRS 695C.1694 and 695C.1695 and section 5 of this act apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.

    Sec. 7.  NRS 695C.330 is hereby amended to read as follows:

    695C.330  1.  The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if he finds that any of the following conditions exist:

    (a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;

    (b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.170 to 695C.200, inclusive, or 695C.1694, 695C.1695 or 695C.207 [;] or section 5 of this act;

    (c) The health care plan does not furnish comprehensive health care services as provided for in NRS 695C.060;

    (d) The State Board of Health certifies to the Commissioner that the health maintenance organization:

        (1) Does not meet the requirements of subsection 2 of NRS 695C.080; or

        (2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;

    (e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;

    (f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;

    (g) The health maintenance organization has failed to put into effect the system for complaints required by NRS 695C.260 in a manner reasonably to dispose of valid complaints;

    (h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;

    (i) The continued operation of the health maintenance organization would be hazardous to its enrollees; or

    (j) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.

    2.  A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.

    3.  If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.

    4.  If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The Commissioner may by written order permit such further operation of the organization as he may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.”.

    Amend sec. 4, page 2, line 26, before “A” by inserting “1.”.

    Amend sec. 4, page 2, line 28, after “provide” by inserting “coverage”.

    Amend sec. 4, page 2, line 29, by deleting “1.” and inserting “(a)”.

    Amend sec. 4, page 2, line 31, by deleting “2.” and inserting “(b)”.

    Amend sec. 4, page 2, between lines 34 and 35, by inserting:

    “2.  An evidence of coverage for a health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2003, has the legal effect of including the coverage required by this section, and any provision of the evidence of coverage that conflicts with the provisions of this section is void.”.

    Amend the title of the bill, second line, after “provide” by inserting “coverage”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Requires certain policies of health insurance and health care plans to provide coverage for colorectal cancer screening under certain circumstances. (BDR 57‑726)”.

    Assemblyman Goldwater moved the adoption of the amendment.

    Remarks by Assemblyman Goldwater.

    Amendment adopted.

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

    Senate Bill No. 204.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 563.

    Amend the bill as a whole by adding new sections designated sections 3 through 9, following sec. 2, to read as follows:

    “Sec. 3.  Chapter 489 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 9, inclusive, of this act.

    Sec. 4.  As used in sections 4 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5 and 6 of this act have the meanings ascribed to them in those sections.

    Sec. 5.  “Transferee” means any person who purchases, leases or takes possession in any other manner or attempts to purchase, lease or take possession in any other manner of a manufactured home, mobile home or commercial coach or any interest therein from a transferor.

    Sec. 6.  “Transferor” means any person who:

    1.  Sells or leases or attempts to sell or lease a manufactured home, mobile home or commercial coach or any interest therein to a transferee; or

    2.  Transfers or attempts to transfer a manufactured home, mobile home or commercial coach or any interest therein to a transferee in any other manner.

    Sec. 7.  1.  Except as otherwise provided in this section and unless required to make a disclosure pursuant to NRS 40.770, if a manufactured home, mobile home or commercial coach is or has been the site of a crime that involves the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine, a transferor or his agent who has actual knowledge of such information shall disclose the information to a transferee or his agent.

    2.  The disclosure described in subsection 1 is not required if:

    (a) All materials and substances involving methamphetamine have been removed from or remediated on the manufactured home, mobile home or commercial coach by an entity certified or licensed to do so; or

    (b) The manufactured home, mobile home or commercial coach has been deemed safe for habitation by a governmental entity.

    3.  The disclosure described in subsection 1 is not required for any sale or other transfer or intended sale or other transfer of a manufactured home, mobile home or commercial coach by a transferor:

    (a) To any co-owner of the manufactured home, mobile home or commercial coach, the spouse of the transferor or a person related within the third degree of consanguinity to the transferor; or

    (b) If the transferor is a dealer and this is the first sale or transfer of a new manufactured home, mobile home or commercial coach.

    4.  The Division may adopt regulations to carry out the provisions of this section.

    Sec. 8.  1.  A transferor or his agent, or both, who violates any provision of section 7 of this act may be held liable to the transferee in any action at law or in equity.

    2.  An agent of a transferee who has actual knowledge of any information required to be disclosed pursuant to section 7 of this act may be held liable to the transferee in any action at law or in equity if he fails to disclose that information to the transferee.

    3.  If a transferor makes a disclosure pursuant to section 7 of this act, the transferee may:

    (a) Rescind the agreement to purchase, lease or take possession of the manufactured home, mobile home or commercial coach;

    (b) Make the agreement to purchase, lease or take possession of the manufactured home, mobile home or commercial coach contingent upon the repair of any damage to the manufactured home, mobile home or commercial coach that has been caused by the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine; or

    (c) Accept the manufactured home, mobile home or commercial coach with the damage as disclosed by the transferor without further recourse.

    4.  The rights and remedies provided by this section are in addition to any other rights or remedies that may exist at law or in equity.

    Sec. 9.  The failure of a licensed dealer, rebuilder or salesman to make the disclosure required pursuant to section 7 of this act constitutes grounds for disciplinary action pursuant to NRS 489.381.”.

    Amend the title of the bill, ninth line, after “transactions;” by inserting: “requiring certain disclosures to be made to a person who purchases, leases or takes possession of a manufactured home, mobile home or commercial coach if the home or coach has been the site for the manufacture of methamphetamine; providing a penalty;”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes various changes concerning disclosure of certain information to purchasers, lessees and tenants of real property, manufactured homes, mobile homes and commercial coaches. (BDR 3‑562)”.

    Assemblyman Anderson moved the adoption of the amendment.

    Remarks by Assemblyman Anderson.

    Amendment adopted.

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

    Senate Bill No. 237.

    Bill read second time.

    The following amendment was proposed by the Committee on Transportation:

    Amendment No. 591.

    Amend sec. 3, page 5, by deleting lines 11 through 14 and inserting:

    “3.  Any ordinance adopted pursuant to this section must:

    (a) Become effective on the first day of the first calendar quarter beginning not less than 90 days after the adoption of the ordinance; and

    (b) If the board has created a regional transportation commission in the county, require the commission:

        (1) To review, at a public meeting conducted after the provision of public notice and before the effective date of each annual increase imposed by the ordinance:

            (I) The amount of that increase and the accuracy of its calculation;

            (II) The amounts of any annual increases imposed by the ordinance in previous years and the revenue collected pursuant to those increases;

            (III) Any improvements to the regional system of transportation resulting from revenue collected pursuant to any annual increases imposed by the ordinance in previous years; and

            (IV) Any other information relevant to the effect of the annual increases on the public; and

        (2) To submit to the board any information the commission receives suggesting that the annual increase should be adjusted.”.

    Assemblywoman Chowning moved the adoption of the amendment.

    Remarks by Assemblywoman Chowning.

    Amendment adopted.

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

    Senate Bill No. 240.

    Bill read second time and ordered to third reading.

    Senate Bill No. 266.

    Bill read second time and ordered to third reading.

    Senate Bill No. 287.

    Bill read second time and ordered to third reading.

    Senate Bill No. 359.

    Bill read second time and ordered to third reading.

    Senate Bill No. 396.

    Bill read second time and ordered to third reading.

    Senate Bill No. 408.

    Bill read second time and ordered to third reading.

    Senate Bill No. 439.

    Bill read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblyman Oceguera moved that the action whereby
Assembly Joint Resolution No. 16 was referred to the Committee on Constitutional Amendments be rescinded.

    Motion carried.

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

    Motion carried.

    Assemblyman Oceguera moved that the action whereby
Assembly Joint Resolution No. 17 was referred to the Committee on Constitutional Amendments be rescinded.

    Motion carried.

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

    Motion carried.

    Assemblyman Oceguera moved that Assembly Bill No. 518 be taken from the General File and placed on the Chief Clerk's desk.

    Motion carried.

    Assemblyman Oceguera moved that Assembly Bills Nos. 13, 16, 254, 516; Assembly Joint Resolution No. 15; Senate Bills Nos. 89, 363, and 378 be taken from the General File and placed on the General File for the next legislative day.

    Motion carried.

UNFINISHED BUSINESS

Consideration of Senate Amendments

    Assembly Bill No. 262.

    The following Senate amendment was read:

    Amendment No. 585.

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

    “Sec. 6.  Chapter 598 of NRS is hereby amended by adding thereto a new section to read as follows:

    “Goods” includes, without limitation, a mobile or manufactured home which:

    1.  Is not affixed to land; or

    2.  Is affixed to land and sold, leased or offered for sale or lease separately from the land to which it is affixed.

    Sec. 7.  NRS 598.0903 is hereby amended to read as follows:

    598.0903  As used in NRS 598.0903 to 598.0999, inclusive, unless the context otherwise requires, the words and terms defined in NRS 598.0905 to 598.0947, inclusive, and section 6 of this act have the meanings ascribed to them in those sections.”.

    Amend the title of the bill, eighteenth line, after “homes;” by inserting: “clarifying the applicability of certain statutory provisions regarding deceptive trade practices to a mobile or manufactured home;”.

    Assemblyman Manendo moved that the Assembly concur in the Senate amendment to Assembly Bill No. 262.

    Remarks by Assemblyman Manendo.

    Motion carried by a two-thirds constitutional majority.

    Bill ordered to enrollment.

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 Marion Bond.

    On request of Assemblyman Atkinson, the privilege of the floor of the Assembly Chamber for this day was extended to Bruce C. Bommarito.

    On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Hilda Warner.

    On request of Assemblyman Brown, the privilege of the floor of the Assembly Chamber for this day was extended to Margaret Wimmer.

    On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to JoAnne Waters.

    On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Lynn Bennett and
Diana Bennett.

    On request of Assemblyman Geddes, the privilege of the floor of the Assembly Chamber for this day was extended to Sue McKnight.

    On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Richard West and
April West.

    On request of Assemblywoman Giunchigliani, the privilege of the floor of the Assembly Chamber for this day was extended to Betty Foley,
Grace Foley, Helen Foley, Jeanne Foley Clarke, Kathy Foley Meyer, Shannon Foley Lyman, George Foley, Michael Foley, and Peggy Ryan.

    On request of Assemblyman Goicoechea, the privilege of the floor of the Assembly Chamber for this day was extended to Sally Miller.

    On request of Assemblyman Goldwater, the privilege of the floor of the Assembly Chamber for this day was extended to Dan Foley and
Patrick Foley.

    On request of Assemblyman Grady, the privilege of the floor of the Assembly Chamber for this day was extended to Phyllis Hunewill.

    On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Mary Chandler.

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

    On request of Assemblyman Knecht, the privilege of the floor of the Assembly Chamber for this day was extended to Loretta Starbuck.

    On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Sally Miller.

    On request of Assemblyman Oceguera, the privilege of the floor of the Assembly Chamber for this day was extended to Eileen Montgomery,
Mary Hutchings, Chris Webb, Cheryl Venturacci, Cindy Wirick,
Denice Pinder, Kim Wood, Noel Donahue, Kathleen Openshaw,
John Frandsen, Denise Marker, Mya Anderson, Jesse Comstock,
Vanessa Evans, Kyle Fillis, Connor Forrest, Jac Grenz, Andrew Hayden, Jeff Hiscock, Riley Leeper, Hannah Little, Jonathan Mangosing, Jill Pinder, Alysen Prockish, Rene´ Ross, Zakkary Thomas, Allie Venturacci, Ty Webb, Kandice Whitaker, Jessica Wirick, Alicia Young, Kayla Dinish, Ryan Donahue, Cody Downs, Sarah Frandsen, Kelsey Harriman, Jessica Hart, Marriah James, Brianna Jetton, Crystal Kontny, Danielle Lane,
Michael Lewis, Travis Marker, Katlin Moody, Robyn Openshaw,
Eric Orfrecio, Quentin Owens, Dean Presnell, Nathan Slizeski,
Keely Wagner, and Michaella Watkins.

    On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Phil Speight.

    On request of Assemblyman Sherer, the privilege of the floor of the Assembly Chamber for this day was extended to Elaine Moser.

    Assemblyman Oceguera moved that the Assembly adjourn until Tuesday, May 13, 2003, at 11:00 a.m.

    Motion carried.

    Assembly adjourned at 12:45 p.m.               

Approved:                                                                Richard D. Perkins

                                                                                  Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly