SENATE DAILY JOURNAL THE ONE HUNDRED AND FIRST DAY
Carson City (Wednesday), April 30, 1997
Senate called to order at 11:22 a.m.
President Hammargren presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Jerry Hanley.
Our Father, we thank You for this moment with You. This prayer is the prayer of all Your people in this state for those they have chosen to represent their needs and dreams. Only through You can we expand our vision, see the pain and hopes of all the people, and create a land of mercy, justice, tolerance and integrity. Bless and nourish this senate that through them Your will be done powerfully and clearly manifested!
Amen. Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
Mr. President:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 201, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Ann O'Connell,
Chairman
Mr. President:
Your Committee on Judiciary, to which were referred Senate Joint Resolution No. 14; Assembly Bill No. 87, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Mark A. James,
Chairman
Mr. President:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 9, 58, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Mark A. James,
Chairman
Mr. President:
Your Committee on Legislative Affairs and Operations, to which was re-referred Senate Bill No. 260, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.
Kathy Augustine,
Chairman
Mr. President:
Your Committee on Legislative Affairs and Operations, to which was referred Senate Bill No. 253, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Kathy Augustine,
Chairman
Assembly Chamber, Carson City, April 28, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolutions Nos. 30, 31.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 180, 249, 300, 324, 336.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 110, 304.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
Assembly Chamber, Carson City, April 29, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bill No. 106.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Senate Joint Resolution No. 8.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 362.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 153, 211, 285.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
By Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener.
Assembly Chamber, Carson City, April 30, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 21.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
Senator James moved that Senate Bill No. 155 be taken from the Secretary's desk and placed on the General File.
Remarks by Senator James.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 340--An Act relating to short-term lessors of passenger cars; increasing the maximum authorized charge for a waiver of damages; authorizing a charge for any additional authorized driver; and providing other matters properly relating thereto.
Senator O'Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 341--An Act relating to businesses; providing uniform requirements for signs of certain businesses licensed by the department of motor vehicles and public safety; providing a penalty; and providing other matters properly relating thereto.
Senator O'Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 342--An Act relating to motor vehicles; repealing the provision that grants immunity from civil liability for certain actions concerning the program for verification of proof of financial responsibility for motor vehicles; and providing other matters properly relating thereto.
Senator O'Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 343--An Act relating to title insurance; requiring certain title agents and title insurers to own and maintain a title plant; requiring a title insurer to use sound underwriting practices in determining the insurability of a title; repealing provisions relating to title plant companies; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 344--An Act relating to service of process; imposing additional requirements for filing certain service of process with the secretary of state; eliminating the authority to file service of process on certain companies and corporations with the secretary of state; requiring a complaint brought against the State of Nevada to be served upon the attorney general; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 345--An Act relating to gaming; revising the provisions governing the regulation of persons who provide information services concerning wagering on sporting and other events to gaming licensees; exempting such information services from provisions governing solicitation by telephone; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 110.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 153.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 180.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 211.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 249.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.
Assembly Bill No. 285.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 300.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 304.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 324.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 336.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 362.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Senate Bill No. 198.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 174.
Amend section 1, page 1, lines 7 and 8, by deleting:
"as defined in NRS 365.015," and inserting:
"and leaded racing fuel,".
Amend section 1, page 1, between lines 11 and 12 by inserting:
"3. As used in this section:
(a) "Aviation fuel" has the meaning ascribed to it in NRS 365.015.
(b) "Leaded racing fuel" means motor vehicle fuel that contains lead and is produced for motor vehicles that are designed and built for racing and not for operation on a public highway.".
Amend the title of the bill, first line, after "aviation fuel" by inserting:
"and leaded racing fuel".
Amend the summary of the bill, first line, after "aviation fuel" by inserting:
"and leaded racing fuel".
Senator McGinness moved the adoption of the amendment.
Remarks by Senator McGinness.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 215.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 169.
Amend sec. 10, page 9, by deleting line 35 and inserting:
"sections 11 to 17, inclusive, of this act.".
Amend the bill as a whole by renumbering sections 14 through 36 as sections 18 through 40 and adding new sections designated sections 14 through 17, following sec. 13, to read as follows:
"Sec. 14. 1. In addition to complying with the requirements set forth in NRS 294A.120, 294A.200 and 294A.360, a candidate who receives contributions in any year before the year in which the general election or general city election in which the candidate intends to seek election to public office is held, shall, not later than December 31 of:
(a) The year in which he receives contributions in excess of $10,000, report the total contributions received.
(b) Each year after the year in which he received contributions in excess of $10,000, until the year of the general election or general city election in which the candidate intends to seek election to public office is held, report the contributions received and the expenditures made in that year.
2. The reports required by subsection 1 must be submitted on a form designed and provided by the secretary of state and signed by the candidate under penalty of perjury.
3. Each contribution in excess of $100 and contributions that a contributor has made cumulatively in excess of that amount must be separately identified with the name and address of the contributor and the date of the contribution tabulated and reported on the form provided by the secretary of state. Each expenditure in excess of $100 and expenditures that the candidate made cumulatively in excess of that amount must be separately identified with the date of the expenditure tabulated and reported on the form provided by the secretary of state.
4. The report must be filed with the secretary of state.
Sec. 15. 1. A person shall not, with actual malice and the intent to impede the success of the campaign of a candidate, cause to be published a false statement of fact concerning the candidate, including, without limitation, statements concerning:
(a) The education or training of the candidate.
(b) The profession or occupation of the candidate.
(c) Whether the candidate committed, was indicted for committing or was convicted of committing a felony or other crime involving moral turpitude, dishonesty or corruption.
(d) Whether the candidate has received treatment for a mental illness.
(e) Whether the candidate was disciplined while serving in the military or was dishonorably discharged from service in the military.
(f) Whether another person endorses or opposes the candidate.
(g) The record of voting of a candidate if he formerly served or currently serves as a public officer.
2. A person shall not, with actual malice and the intent to impede the success of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, cause to be published a false statement of fact concerning the question on the ballot.
3. A person who violates the provisions of this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.
4. As used in this section:
(a) "Actual malice" means knowledge of the falsity of a statement or reckless disregard for whether a statement is true or false.
(b) "Publish" means the act of printing, posting, broadcasting, mailing, speaking or otherwise disseminating.
Sec. 16. 1. An employee, agent or volunteer of the campaign of a candidate shall not willfully perform any act in the course of his employment, agency or volunteering that impedes the success of that campaign.
2. A person shall not willfully, to impede the success of the campaign of a candidate, offer or give an item of value to:
(a) A person to induce him to obtain a position as an employee, agent or volunteer for that campaign and perform any act in the course of his employment, agency or volunteering to impede the success of that campaign; or
(b) An employee, agent or volunteer for that campaign to induce him to perform any act in the course of his employment, agency or volunteering to impede the success of that campaign.
3. An employee, agent or volunteer of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, shall not willfully perform any act in the course of his employment, agency or volunteering that impedes the success of that campaign.
4. A person shall not willfully, to impede the success of a campaign for the passage or defeat of a question on the ballot at any election, including any recall or special election, offer or give an item of value to:
(a) A person to induce him to obtain a position as an employee, agent or volunteer for that campaign and perform any act in the course of his employment, agency or volunteering to impede the success of that campaign; or
(b) An employee, agent or volunteer for that campaign to induce him to perform any act in the course of his employment, agency or volunteering to impede the success of that campaign.
5. A person who violates the provisions of this section is guilty of a misdemeanor.
Sec. 17. NRS 294A.004 is hereby amended to read as follows:
294A.004"Campaign expenses" and "expenditures" means [all] :
1. Those expenditures contracted for or made for advertising on television, radio, billboards, posters and in newspapers [, and all] ; and
2. All other expenditures contracted for or made [to further directly the campaign
for] ,
to advocate expressly the election or defeat of a clearly identified candidate or group of candidates or the passage or defeat of a clearly identified question or group of questions on the ballot, including any payments made to a candidate or any person who is related to the candidate within the second degree of consanguinity or affinity.".
Amend sec. 17, page 12, by deleting lines 9 through 11 and inserting:
"for that office.] :
(a) Beginning from 30 days before the regular session of the legislature immediately following the last election for the office and ending 30 days before the regular session of the legislature immediately following the next election for the office, if that office is a state, district, county or township office; or
(b) Beginning from 30 days after the last election for the office and ending 30 days before the next general city election for the office, if that office is a city office.".
Amend sec. 32, page 24, after line 21, by inserting:
"(c) To a natural person who acts independently and not in cooperation with or pursuant to any direction from a business or social organization, nongovernmental legal entity or governmental entity.".
Amend the bill as a whole by renumbering sections 37 and 38 as sections 43 and 44 and adding new sections designated sections 41 and 42, following sec. 36, to read as follows:
"Sec. 41. NRS 200.510 is hereby amended to read as follows:
200.5101. A libel is a malicious defamation, expressed by printing, writing, signs, pictures or the like, tending to blacken the memory of the dead, or to impeach the honesty, integrity, virtue, or reputation, or to publish the natural defects of a living person or persons, or community of persons, or association of persons [,] and thereby to expose them to public hatred, contempt or ridicule.
2. [Every] Unless a greater penalty is provided in section 15 of this act, every person, whether the writer or publisher, convicted of the offense is guilty of a gross misdemeanor.
3. In all prosecutions for libel the truth may be given in evidence to the jury, and, if it [shall appear] appears to the jury that the matter charged as libelous is true and was published for good motive and for justifiable ends, the party [shall] must be acquitted, and the jury [shall have] has the right to determine the law and the fact.
Sec. 42. NRS 200.550 is hereby amended to read as follows:
200.550[Every] Unless a greater penalty is provided in section 15 of this act, every person who [shall willfully state, deliver or transmit] willfully states, delivers or transmits by any means whatever to any manager, editor, publisher, reporter or other employee of a publisher of any newspaper, magazine, publication, periodical or serial any statement concerning any person or corporation which, if published therein, would be a libel [shall be] is guilty of a misdemeanor.".
Amend the title of the bill to read as follows:
"AN ACT relating to elections; revising the period for filing a declaration of candidacy or an acceptance of candidacy for certain candidates; prohibiting a person from making a contribution in the name of another person; requiring certain candidates who receive contributions before the year of the election in which they intend to seek election to public office to report the contributions received and expenditures made; prohibiting a person from making a false statement of fact concerning a candidate or a question on a ballot under certain circumstances; prohibiting certain persons from willfully impeding the success of the campaign of a candidate or the campaign for the passage or defeat of a question on a ballot; revising the definition of "contribution" for the purposes of limiting and reporting campaign contributions; revising the amount of money that may be contributed to or accepted by a candidate for certain public offices; expanding the type of entities that are restricted in the amount that they may contribute to a candidate for certain public offices; requiring political parties and committees sponsored by a political party to report the campaign contributions received; reducing the monetary threshold for the reporting of certain campaign contributions and expenditures; revising the periods for the reporting of certain campaign contributions and expenditures; increasing the penalty for voting or attempting to vote more than once at the same election; increasing the penalty for giving or accepting an illegal campaign contribution; providing a penalty; and providing other matters properly relating thereto.".
Senator O'Connell moved the adoption of the amendment.
Remarks by Senators O'Connell, Adler, Raggio and Neal.
Senator Adler asked that the following clarifying points be placed in the record concerning Senate Bill No. 215.
(By Senator Raggio) Each contribution in excess of $100 and contributions that any contributor has made in addition to that cumulatively must be separately identified. They must have the name and address of the contributor and the date of the contribution.
(By Senator Adler) Why do you tabulate them?
(By Senator Raggio) You tabulate them if they are in excess of $100 and they cumulatively exceed $100. The intent is that you put down the date that you receive the contribution.
(By Senator Adler) It says "that person shall not, to impede the success of the campaign of a candidate, offer a gift of an item of value in (a) a person who induce him to obtain a position as an employee agent or volunteer for the campaign or perform any act in the course of employment or agency or volunteering to impede the success of the campaign." The way that is worded, it seems that if you give something of value to someone to join an opponents campaign, even if they do not do anything to impede the campaign, it is still a violation because there is an "or" between volunteering to impede the success of the campaign. Is that supposed to be an "and" or an "or"? Isn't that supposed to say that if you had someone join the campaign "and" impede the success? The act of having them join the campaign is the violation, is that correct?
(By Senator Raggio) This is the provision which pertains to a "mole." If you read subsection 2, it says that it "requires that it be to impede the success of the campaign of a candidate. A person shall not willfully impede the success of the campaign of a candidate. That has to be the intent. The other part says "both require the intent to impede the success." The act does not have to occur. It is through the intent to impede.
(By Senator Adler) So, then your intent is that if I hire someone to impede the success of the campaign, even if the person does not impede the campaign, then I have committed a violation of the statute.
(By Senator Raggio) That is correct. If you hire a "mole" to go into someone's campaign with the intent to impede that campaign, that is an act of violation under the law.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 218.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 228.
Amend sec. 3, page 1, line 9, after "in" by inserting:
", or may result in,".
Amend sec. 6, page 2, by deleting lines 1 through 4 and inserting:
"(b) A transfer of one-half of the interest earned on money in the fund to stabilize the operation of state government to the fund made pursuant to NRS 353.288; and
(c) A grant, gift or donation to the fund,
must be deposited in the fund. Except as otherwise provided in section 13 of this act, the interest and income earned on the money".
Amend sec. 6, page 2, by deleting lines 32 and 33 and inserting:
"agency or local government, or any other extraordinary expenses incurred by that state agency or local government, because of a disaster; and ".
Amend sec. 6, page 2, line 42, by deleting "If " and inserting:
"Except as otherwise provided in this subsection, if ".
Amend sec. 6, page 3, line 3, after the italicized period by inserting:
"If the reduction of an allocation or loan from the fund would result in a reduction in the amount of money that may be received by a state agency or local government from the Federal Government, the reduction in the allocation or loan shall not be made.".
Amend sec. 11, page 5, by deleting lines 25 through 27 and inserting:
"act, the state controller shall, at the end of each quarter of a fiscal year, transfer from the state general fund to the disaster relief fund created pursuant to section 6 of this act an amount equal to one-half of the interest earned on money in the fund to stabilize the operation of state government during the previous quarter. The state".
Amend the bill as a whole by deleting sec. 13, renumbering sections 14 and 15 as sections 16 and 17 and adding new sections designated sections 13 through 15, following sec. 12, to read as follows:
"Sec. 13. Chapter 414 of NRS is hereby amended by adding thereto a new section to read as follows:
1. There is hereby created the emergency assistance account within the disaster relief fund created pursuant to section 6 of this act. At the end of each fiscal year, the state controller shall transfer the interest earned during the previous fiscal year on the money in the disaster relief fund to the account in an amount not to exceed $500,000.
2. The state emergency response commission shall administer the account.
3. All expenditures from the account must be approved in advance by the commission. Except as otherwise provided in subsection 4, all money in the account must be expended solely to:
(a) Provide supplemental emergency assistance to this state or to local governments in this state that are severely impacted by a natural or technological emergency or disaster for which available resources of this state or the local government are inadequate to provide a satisfactory remedy; and
(b) Pay any actual expenses incurred by the commission for administration during a natural or technological emergency or disaster.
4. At the end of any fiscal year, if any balance remaining in the account has not been committed for expenditure, the commission may, with the approval of the interim finance committee, allocate all or any portion of the remaining balance to this state or to a local government to:
(a) Purchase equipment or supplies required for emergency management; and
(b) Provide training to personnel related to emergency management.
5. The commission shall, at the end of each quarter of a fiscal year, submit to the interim finance committee a report of the expenditures made from the account for the previous quarter.
6. The commission shall adopt such regulations as are necessary to administer the account.
7. The commission may adopt regulations to provide for reimbursement of expenditures made from the account. If the commission requires such reimbursement, the attorney general shall take such action as is necessary to recover the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130, computed from the date on which the money was removed from the fund, upon request by the commission.
Sec. 14. NRS 459.738 is hereby amended to read as follows:
459.738 1. The state emergency response commission is hereby created for the purpose of carrying out the provisions of section 13 of this act, Public Law 99-499 and other matters relating thereto.
2. The commission consists of not more than 25 members appointed by the governor. The governor shall, to the extent practicable, appoint persons to the commission who have technical expertise in responding to emergencies.
3. The term of each member of the commission is 4 years. A member may be reappointed, and there is no limit on the number of terms that a member may serve.
4. The governor shall appoint one or more of the members of the commission to serve as chairman or co-chairmen.
5. The commission may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of its duties.
Sec. 15. Notwithstanding the amendatory provisions of section 11 of this act, the state controller shall, at the end of the first quarter of the 1997-98 fiscal year and at the end of the first quarter of each subsequent fiscal year, transfer one-half of the interest earned during the previous quarter on the money in the fund to stabilize the operation of state government created pursuant to NRS 353.288 to the emergency assistance account created pursuant to section 13 of this act, in an amount not to exceed $500,000 per year. Such a transfer must be made until the balance in the disaster relief fund created pursuant to section 6 of this act is sufficient to earn interest in an amount of at least $500,000 annually. Thereafter, the interest earned on the money in the fund to stabilize the operation of state government must be transferred in accordance with the amendatory provisions of sections 6 and 11 of this act.".
Amend the title of the bill to read as follows:
"An Act relating to state financial administration; creating the disaster relief fund to provide allocations or loans of money to state agencies or local governments for certain expenses incurred because of a disaster; creating the emergency assistance account within that fund to provide assistance in the event of a natural or technological emergency or disaster; providing for the administration of the fund and the account; and providing other matters properly relating thereto.".
Amend the summary of the bill, first line, by deleting the period and inserting:
"and emergency assistance account to respond to emergencies and disasters".
Senator Rawson moved the adoption of the amendment.
Remarks by Senators Rawson and Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 223.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 175.
Amend section 1, page 1, line 14, by deleting:
"not more than".
Amend the bill as a whole by adding a new section designated sec. 4, following sec. 3, to read as follows:
"Sec. 4. NRS 365.220 is hereby amended to read as follows:
365.220The provisions of this chapter requiring the payment of excise taxes do not apply to any of the following:
1. Motor vehicle fuel so long as it remains in interstate or foreign commerce.
2. Motor vehicle fuel or fuel for jet or turbine-powered aircraft exported from this state by a dealer.
3. Motor vehicle fuel or fuel for jet or turbine-powered aircraft sold to the United States Government for official use of the United States Armed Forces.
4. Motor vehicle fuel or fuel for jet or turbine-powered aircraft distributed, or delivered on the order of the owner, to a dealer who has furnished security in the amount prescribed in NRS 365.290 and who has established to the satisfaction of the department that the security is sufficient to ensure payment of all excise taxes as they may become due to the state from him under this chapter. Every dealer who claims an exemption shall report the distributions to the department in such detail as the department may require . [; otherwise,] If he does not do so, the exemption granted in this subsection is void and all fuel is considered distributed in this state subject fully to the provisions of this chapter.
5. Leaded racing fuel. As used in this subsection, "leaded racing fuel" means motor vehicle fuel that contains lead and is produced for motor vehicles that are designed and built for racing and not for operation on a public highway.".
Amend the title of the bill, first line, after "taxation;" by inserting:
"exempting leaded racing fuel from certain taxes on motor vehicle fuel;".
Amend the summary of the bill to read as follows:
"Summary--Revises provisions governing taxes on fuels. (BDR 32-502)".
Senator Porter moved the adoption of the amendment.
Remarks by Senators Porter and Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 109.
Bill read third time.
Roll call on Senate Bill No. 109.
Yeas--17.
Nays--Adler, Titus, Wiener--3.
Excused--Coffin.
Senate Bill No. 109 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 192.
Bill read third time.
Roll call on Senate Bill No. 192.
Yeas--20.
Nays--None.
Excused--Coffin
Senate Bill No. 192 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 155.
Bill read third time.
Remarks by Senator James.
The following amendment was proposed by the Committee on Judiciary.
Amendment No. 253.
Amend sec. 2, page 1, by deleting line 5 and inserting:
"the secretary of state to have a fictitious address designated by the secretary of state".
Amend sec. 2, page 1, line 13, by deleting "administrator" and inserting:
"secretary of state".
Amend sec. 2, page 2, line 3, by deleting "administrator" and inserting:
"secretary of state".
Amend sec. 2, page 2, line 9, by deleting "administrator." and inserting:
"secretary of state.".
Amend sec. 2, page 2, line 13, by deleting "administrator" and inserting:
"secretary of state".
Amend sec. 2, page 2, line 14, by deleting "administrator" and inserting:
"secretary of state".
Amend sec. 2, page 2, line 16, by deleting "60 " and inserting "120 ".
Amend sec. 2, page 2, line 19, by deleting "administrator" and inserting:
"secretary of state".
Amend sec. 3, page 2, line 21, by deleting "administrator" and inserting:
"secretary of state".
Amend sec. 3, page 2, line 24, by deleting "administrator" and inserting:
"secretary of state".
Amend sec. 3, page 2, line 27, by deleting "administrator" and inserting:
"secretary of state".
Amend sec. 3, page 2, line 30, by deleting "administrator" and inserting:
"secretary of state".
Amend sec. 4, page 2, line 32, by deleting "administrator" and inserting:
"secretary of state".
Amend sec. 4, page 2, by deleting lines 34 through 37 and inserting:
"the secretary of state shall furnish the participant with the form developed by the secretary of state pursuant to the provisions of section 8 of this act.".
Amend sec. 5, page 2, line 39, by deleting "administrator" and inserting:
"secretary of state".
Amend sec. 5, page 2, line 40, by deleting "administrator" and inserting:
"secretary of state".
Amend sec. 5, page 2, line 41, by deleting "administrator" and inserting:
"secretary of state".
Amend sec. 5, page 2, line 43, by deleting "administrator" and inserting:
"secretary of state".
Amend sec. 5, page 3, line 1, by deleting "administrator" and inserting:
"secretary of state".
Amend sec. 5, page 3, line 4, by deleting "administrator" and inserting:
"secretary of state".
Amend sec. 5, page 3, line 6, by deleting "administrator" and inserting:
"secretary of state".
Amend sec. 6, page 3, line 8, by deleting "administrator" and inserting:
"secretary of state".
Amend sec. 7, pages 3 and 4, by deleting lines 12 through 44 on page 3 and lines 1 through 5 on page 4 and inserting:
"2 to 6, inclusive, of this act, unless the context otherwise requires:
1. "Division" means the division of child and family services of the department of human resources.
2. "Domestic violence" means:
(a) The attempt to cause or the causing of bodily injury to a family or household member or the placing of the member in fear of imminent physical harm by threat of force.
(b) Any of the following acts committed by a person against a family or household member, a person with whom he had or is having a dating relationship or with whom he has a child in common, or upon his minor child or a minor child of that person:
(1) A battery.
(2) An assault.
(3) Compelling the other by force or threat of force to perform an act from which he has the right to refrain or to refrain from an act which he has the right to perform.
(4) A sexual assault.
(5) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:
(I) Stalking.
(II) Arson.
(III) Trespassing.
(IV) Larceny.
(V) Destruction of private property.
(VI) Carrying a concealed weapon without a permit.
(6) False imprisonment.
(7) Unlawful entry of the other's residence, or forcible entry against the other's will if there is a reasonably foreseeable risk of harm to the other from the entry.
3. "Family or household member" means a spouse, a former spouse, a parent or other adult person who is related by blood or marriage or is or was actually residing with the person committing the act of domestic violence.
4. "Participant" means an adult, child or incompetent person for whom a fictitious address has been issued pursuant to sections 2 to 6, inclusive, of this act.
5. "Victim of domestic violence" includes the dependent children of the victim.".
Amend sec. 8, page 4, by deleting lines 15 through 17 and inserting:
"forms pursuant to subsection 1, the secretary of state shall develop a form to allow a person for whom a".
Amend sec. 8, page 4, line 22, by deleting "the administrator," and inserting:
"a person for whom a fictitious address has been issued,".
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 212.
Bill read third time.
Remarks by Senators Neal and James.
Senator Neal moved that Senate Bill No. 212 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator James.
Motion carried.
Senate Bill No. 240.
Bill read third time.
Remarks by Senators James and Neal.
Roll call on Senate Bill No. 240.
Yeas--20.
Nays--None.
Excused--Coffin
Senate Bill No. 240 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 245.
Bill read third time.
Remarks by Senators McGinness and Neal.
Roll call on Senate Bill No. 245.
Yeas--20.
Nays--None.
EXCUSED--Coffin.
Senate Bill No. 245 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 246.
Bill read third time.
Remarks by Senators Titus and Porter.
Conflict of interest declared by Senator Porter.
Roll call on Senate Bill No. 246.
Yeas--19.
Nays--None.
EXCUSED--Coffin.
NOT VOTING--Porter.
Senate Bill No. 246 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
On request of Senator James, the privilege of the floor of the Senate Chamber for this day was extended to Al Boka, Jim Feist and Mark Fairman.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Harold Heater, Mary Koscinski, Janet Shane, Shirley Thompson, Dorothy Prentice, Brian Kunzi, Linda Kunzi, Susan Lynn, Denise Koscinski, Amanda Kunzi, Kristin Freier, Matthew Koscinski, Matt West and Rachel Kovacs.
On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Chief Robert Sears and Ted Finneron.
Senator Raggio moved that the Senate adjourn until Friday, May 2, 1997 at 10 a.m.
Motion carried.
Senate adjourned at 1:14 p.m.
Approved:
Lonnie L. Hammargren, M.D.
President of the Senate
Attest: Janice L. Thomas
Secretary of the Senate