SENATE DAILY JOURNAL

NEVADA LEGISLATURE

Sixty-ninth Session, 1997
_______________

SENATE DAILY JOURNAL
_______________

THE ONE HUNDRED AND TWENTY-SECOND DAY
_______________

Carson City (Wednesday), May 21, 1997

Senate called to order at 11:14 a.m.
President Hammargren presiding.
Roll called.
All present.

Prayer by the Chaplain, The Reverend Richard Campbell.
Most gracious God: we humbly pray to You for the people of this nation in general and the citizens of Nevada in particular. Be gracious to us all this day. Especially bless this senate as it deliberates on our behalf. May their actions be to your glory and to the safety, honor and welfare of the people. May their work this day be upon the best and surest of foundations; that peace, happiness, truth and justice may be established among us. Accept now our thanksgiving for Your presence in our lives. We pray in Your glorious Name.

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.

REPORTS OF COMMITTEES

Mr. President:
Your Committee on Commerce and Labor, to which was referred Senate Bill No. 275, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Randolph J. Townsend,

Chairman

Mr. President:
Your Committee on Government Affairs, to which was referred Senate Bill No. 254, 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 Bills Nos. 296, 297, 325, 331, 377; Assembly Bill No. 292, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark A. James,

Chairman

Mr. President:
Your Committee on Judiciary, to which was referred Assembly Bill No. 304, 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 Natural Resources, to which was referred Senate Bill No. 25, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Finance.

Dean A. Rhoads,

Chairman

Mr. President:
Your Committee on Transportation, to which were referred Senate Bill No. 58; Assembly Bill No. 131, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William R. O'Donnell,

Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 19, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 87, 95.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 236, 239, 396.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 407.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Assembly Chamber, Carson City, May 20, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 24, 147.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

By the Committee on Government Affairs:
Senate Concurrent Resolution No. 39--Urging the agencies of the executive branch of state government to expand the use of internship and other programs designed to attract business graduates of the state's universities to financial management positions in the state's classified service.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Senate Concurrent Resolution No. 40--Congratulating Robert N. Broadbent for being selected as the recipient of the Distinguished Community Service Award of the Anti-Defamation League.

Whereas, Robert N. Broadbent received his education from the California Institute of Technology at Pasadena and the University of Nevada, Reno, before graduating from Idaho State College with a Bachelor of Science Degree in Pharmacy; and
Whereas, Robert Broadbent began his career as the owner of a pharmacy in Boulder City and shortly thereafter was elected as the first mayor of Boulder City; and
Whereas, In 1968, Robert Broadbent was elected to the Board of County Commissioners and served in that capacity for the next 13 years; and
Whereas, While serving as a County Commissioner, Robert Broadbent actively pursued the aggressive expansion of the McCarran Airport in anticipation of the future growth of the community; and
Whereas, During the Reagan administration, Robert Broadbent served as the Commissioner of Reclamation, directing the operations of the Federal Bureau of Reclamation, and in 1983, he was appointed Assistant Secretary of Water and Science by President Ronald Reagan; and
Whereas, Robert Broadbent has served on the executive board of the Airports Council International, and his contributions on a national and international level have been extremely beneficial to the airline industry; and
Whereas, Robert Broadbent presently serves as the Director of Aviation for Clark County; and
Whereas, In 1990, National Commissioner of the Anti-Defamation League, Eugene Warner, invited Robert Broadbent to participate in a high-level mission to Israel; and
Whereas, Robert Broadbent was recently honored by being selected to receive the Distinguished Community Service Award by the Anti-Defamation League; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th Session of the Nevada Legislature do hereby congratulate Robert N. Broadbent for being selected as this year's recipient of the Distinguished Community Service Award by the Anti-Defamation League and for 35 years of public service to his country and the State of Nevada; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Robert N. Broadbent.
Senator Rawson moved the adoption of the resolution.
Remarks by Senator Rawson.
Senator Rawson requested that his remarks be entered in the Journal.
Mr. President, Senate Concurrent Resolution No. 40 extends the congratulations of the Sixty-ninth Session of the Legislature to Mr. Broadbent as this year's recipient of the distinguished community service award by the Anti-Defamation League. We will hand carry this resolution to southern Nevada where it will be presented at the Anti-Defamation League's annual dinner. Mr. Broadbent will not be with us today. He will receive the resolution at the annual dinner. The resolution commends Mr. Broadbent for 35 years of public service to the country and to the State of Nevada. It chronicles both his service as a public official, and it notes that he served as the first mayor of Boulder City and is a 13-year member of the Clark County Commission. SCR No. 40 highlights the service of Mr. Broadbent as the Commissioner of Reclamation for the Federal Bureau of Reclamation and as the Assistant Secretary of Water and Science during President Reagan's administration. It is a pleasure to present and carry the final certificate to southern Nevada. I would urge S.C.R No. 40's passage.
Resolution adopted.

By Senators Rawson, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Senate Concurrent Resolution No. 41--Congratulating Jerome D. Mack for receiving the 1997 Lifetime Achievement Award of the Anti-Defamation League.
Whereas, Jerome D. Mack began his life with the distinction of being among the first graduating class of the Boulder City Grammar School; and
Whereas, After graduating from the University of California at Los Angeles, Jerome Mack entered the United States Air Force; and
Whereas, Later Jerome Mack excelled in business, becoming a president, director or chairman of banks, hotels and corporations, including such well-known businesses as the Valley Capital Corporation, the Riviera, the Dunes, the Four Queens, the Continental Connector and United Tanker; and
Whereas, Jerome Mack served as treasurer for the presidential campaigns of Senators Jackson and Humphrey, was appointed to the Nominating Committee for 9th Circuit Judges by President Carter, served on the Democratic Committee's Executive Committee of Finance under Bob Strauss and the Advisory Council of the Small Business Administration and founded the UCLA Neuro-Psychiatric Hospital and Institute; and
Whereas, Jerome Mack has been the recipient of many awards including Israel's Peace Award in 1970 and Israel's Prime Minister Award in 1981; and
Whereas, Presently Jerome Mack is a partner of the Thomas and Mack Company, a commercial real estate developer, and serves as a trustee of UNLV and UCLA; and
Whereas, Jerome Mack is past President of Temple Beth Sholom and past Chairman of the Combined Jewish Welfare Fund and currently serves on the National Board of American Friends of Hebrew University; and
Whereas, This year, in recognition of his lifetime of contributions and public service, the Anti-Defamation League honored Jerome Mack by presenting him with the 1997 Lifetime Achievement Award; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th Session of the Nevada Legislature do hereby congratulate Jerome D. Mack for being selected as this year's recipient of the Lifetime Achievement Award by the Anti-Defamation League and for his years of service to his country and the State of Nevada; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Jerome D. Mack.
Senator Rawson moved the adoption of the resolution.
Remarks by Senator Rawson.
Senator Rawson requested that his remarks be entered in the Journal.
Thank you, Mr. President. Senate Concurrent Resolution No. 41 congratulates Jerome D. Mack for being selected as this year's recipient of the lifetime achievement award by the Anti-Defamation League. It acknowledges his years of service to our country and to the State of Nevada. Among his many achievements, Jerome Mack served on the advisory council of the Small Business Administration and founded the University of California, Los Angeles (UCLA) Neuro-Psychiatric Hospital and Institute. Presently, he is a partner of the Thomas and Mack Company and serves as a trustee of the University of Nevada, Las Vegas and UCLA. He is an important part of our community. I would urge adoption of S.C.R No. 41 so that it may also be taken to southern Nevada and presented at the Anti-Defamation League's annual dinner.
Resolution adopted.

Assembly Concurrent Resolution No. 15--Directing the Public Employees' Retirement Board to conduct a study of the basis for determining service credit and average compensation for public employees.
Whereas, The mission of the Public Employees' Retirement System is to provide a reasonable base income during retirement to qualified public employees; and
Whereas, Retirement benefits are calculated according to a formula using service credit and average compensation; and
Whereas, Service credit is determined by a ratio of actual time worked to full-time employment based on a single certified full-time workweek by each individual public employer; and
Whereas, In response to demands for better service to the public, public employers have established varying schedules for a full-time workweek as well as year-round schools; and
Whereas, Many public employees now work nontraditional workweeks, which makes it difficult for public employers to ascertain the correct method of reporting to the Public Employees' Retirement System; and
Whereas, Some school district employees begin work under a new contract before the expiration of the old contract as they move from a traditional school year to a year-round school year; and
Whereas, Retirement contributions are received for these same school district employees from both contracts for the period of overlap, but service for the overlapping month is not credited until there is a lapse in service; and
Whereas, Part-time employees receive a retirement benefit based on actual service credit earned and average compensation as if they worked full time; and
Whereas, Such a method of computing benefits and determining retirement eligibility creates confusion for part-time employees; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Public Employees' Retirement Board is hereby directed to conduct a comprehensive study to develop a rational and equitable basis for determining service credit and average compensation for public employees while maintaining the fiscal integrity and actuarial soundness of the Public Employees' Retirement System; and be it further
Resolved, That the Public Employees' Retirement Board periodically report the progress of the study to the Interim Retirement Committee of the Legislature and submit a report of its findings and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the 70th session of the Nevada Legislature; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Public Employees' Retirement Board.
Senator Raggio moved the adoption of the resolution.
Remarks by Senator Raggio.
Senator Raggio requested that his remarks be entered in the Journal.
Assembly Concurrent Resolution No. 15 was recommended by the Public Employees' Retirement System. It pertains to employees who work part-time or are required to work variable shifts or have made the transition from a full-time workweek to a different type of workweek, for example, a year-round school program. A.C.R No. 15 directs the Public Employees Retirement System to study these issues at the expense of the retirement system and report their findings as to how equity may be attained for these employees within the retirement system.
Resolution adopted.

Senator James moved that Senate Bill No. 13 be taken from the Secretary's desk and placed on General File.
Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By Senator Jacobsen:
Senate Bill No. 410--An Act relating to water; providing immunity from civil liability to the state and any city, county or other political subdivision for clearing a channel of a river; expanding the allowable practices of the channel clearance, surveying and monumenting program to include the stabilization and restoration of rivers and to apply to all rivers in this state; increasing the balance in the account for the channel clearance, stabilization, restoration, surveying and monumenting program; making an appropriation; and providing other matters properly relating thereto.
Senator Jacobsen moved that the bill be referred to the Committee on Finance.
Motion carried.

By Senator Mathews:
Senate Bill No. 411--An Act relating to mental health; revising certain provisions governing the emergency admission of persons to mental health facilities; and providing other matters properly relating thereto.
Senator Mathews moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

By Senator Adler:
Senate Bill No. 412--An Act relating to water conservancy districts; authorizing boards of directors of water conservancy districts and subdistricts in every county to levy and collect assessments for the accomplishment of irrigation, flood control, drainage, safety and health projects; changing the membership of the board of directors of the Carson Water Subconservancy District; exempting the revenue derived from the tax levied upon property by the Carson Water Subconservancy District from limitations upon revenue from taxes ad valorem; expanding the authority of the Carson Water Subconservancy District to issue general and special obligations; and providing other matters properly relating thereto.
Senator Adler moved that the bill be referred to the Committee on Natural Resources.
Motion carried.

By the Committee on Commerce and Labor:
Senate Bill No. 413--An Act relating to health care records; authorizing the photocopying of health care records by professional photocopiers; specifying the fees that may be charged to and by professional photocopiers with regard to such photocopying; requiring professional photocopiers to file certain affidavits and provide certain certificates; providing a penalty; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

Assembly Bill No. 24.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

Assembly Bill No. 147.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

Assembly Bill No. 236.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 239.
Senator Rawson moved that the bill be referred to the Committee on Legislative Affairs and Operations.
Motion carried.

Assembly Bill No. 396.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 407.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 248.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 411.
Amend sec. 5, page 2, by deleting lines 20 through 23 and inserting:
"(a) A partnership shall designate one of its members;
(b) A corporation shall designate one of its officers or employees;
(c) A limited-liability company shall designate its manager; and
(d) A broker who conducts business as a sole proprietor shall designate a person who is licensed under the broker,
to submit an application for a permit to engage in property management. The partnership, corporation, limited-liability company or sole proprietor shall not engage in the business of property".
Amend sec. 5, page 2, line 29, by deleting:
"corporation or partnership," and inserting:
"partnership, corporation, limited-liability company or sole proprietor,".
Amend sec. 5, page 2, by deleting lines 33 through 38 and inserting:
"partnership, corporation, limited-liability company or sole proprietor, and not on his own behalf. If that person ceases to be connected or associated with the partnership, corporation, limited-liability company or sole proprietor, the partnership, corporation, limited-liability company or sole proprietor shall designate another person who meets the qualifications for a permit set forth in section 4 of this act to hold the permit on behalf of the partnership, corporation, limited-liability company or sole proprietor.
4. Any member, officer or employee of a partnership, corporation or limited-liability company,".
Amend sec. 5, pages 2 and 3, by deleting line 43 on page 2 and line 1 on page 3 and inserting:
"employee of a partnership, corporation or limited-liability company may act as a property manager only as an officer or agent of the partnership, corporation or limited-liability company, and not on his".
Amend sec. 9, page 3, line 41, after "person," by inserting:
"limited-liability company,".
Amend sec. 9, page 4, line 9, by deleting "[; and" and inserting "[and".
Amend sec. 9, page 4, line 14, by deleting "administrator ," and inserting "administrator,".
Amend sec. 10, page 4, line 33, by deleting "residential ".
Amend sec. 11, page 5, by deleting lines 22 through 41 and inserting:
"Sec. 11. (Deleted by amendment.)".
Amend sec. 16, page 9, lines 11 and 12, by deleting:
"January 1, 2000," and inserting:
"July 1, 1999,".
Amend sec. 16, page 9, line 16, by deleting:
"January 1, 2000," and inserting:
"July 1, 1999,".
Amend sec. 19, page 9, line 33, by deleting:
"3, 5 to 9, inclusive, and 11" and inserting:
"3 and 5 to 9, inclusive,".
Senator Shaffer moved the adoption of the amendment.
Remarks by Senators Shaffer, O'Donnell and O'Connell.
Conflict of interest declared by Senator O'Connell.
Senator O'Donnell announced that although he has a real estate license, he does not have a conflict on the bill or the amendment.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 316.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 350.
Amend section 1, page 1, line 12, by deleting "and ".
Amend section 1, page 2, by deleting lines 2 through 15 and inserting:
"without limitation, laboratory sciences, vocational education, special education, physical education, competitive sports and the transportation of pupils; and
(c) Set forth an estimation of the time and resources necessary for all personnel of the district to obtain certification in the administration of cardiopulmonary resuscitation.
2. The board of trustees of each school district shall submit to the state board its plan established pursuant to subsection 1.".
Amend the bill as a whole by renumbering sections 2 through 5 as sections 4 through 7 and adding new sections designated sections 2 and 3, following section 1, to read as follows:
"Sec. 2. Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The board of trustees of each school district shall establish a plan for persons employed by the board of trustees as drivers of school buses to receive the training which is necessary for certification in the administration of cardiopulmonary resuscitation. The plan established by the board of trustees must:
(a) Comply with the guidelines established by the American National Red Cross or the American Heart Association for the certification of persons in the administration of cardiopulmonary resuscitation; and
(b) Set forth an estimation of the time and resources necessary for all the relevant personnel of the district to obtain certification in the administration of cardiopulmonary resuscitation.
2. The board of trustees of each school district shall submit to the state board its plan established pursuant to subsection 1.
3. A person employed by a board of trustees of a school district as a driver of a school bus shall establish and maintain current certification in the administration of cardiopulmonary resuscitation in accordance with the plan established by the board of trustees.
4. The board of trustees of a school district may enter into an agreement with a local fire department, a local law enforcement agency or a nonprofit organization to provide the training and certification required by the plan.
Sec. 3. NRS 392.360 is hereby amended to read as follows:
392.3601. A board of trustees of a school district may permit school buses or vehicles belonging to the school district to be used for the transportation of public school pupils to and from:
(a) Interscholastic contests;
(b) School festivals; or
(c) Other activities properly a part of a school program.
2. The use of school buses or vehicles belonging to the school district for the purposes enumerated in subsection 1 is governed by regulations made by the board of trustees, which must not conflict with regulations of the state board . [of education.] Proper supervision for each vehicle so used must be furnished by school authorities, and each school bus must be operated by a driver qualified under the provisions of NRS 392.300 to 392.410, inclusive [.] , and section 2 of this act.
3. A driver shall not operate a vehicle for the purposes enumerated in subsection 1 for more than 10 hours in a 15-hour period. The time spent operating, inspecting, loading, unloading, repairing and servicing the vehicle and waiting for passengers must be included in determining the 15-hour period. After 10 hours of operating a vehicle, the driver must rest for 10 hours before he again operates a vehicle for such purposes.
4. Before January 1, 1984, the state board [of education] shall adopt regulations to carry out the provisions of subsection 3.".
Amend sec. 2, page 4, line 2, after "1" by inserting "or 2".
Amend sec. 2, page 4, by deleting line 4 and inserting:
"a public school or in connection with the transportation of pupils to or from a public school or while on activities that are part of the program of a public school,".
Amend sec. 4, page 4, by deleting lines 11 through 14 and inserting:
"school district shall establish and submit to the state board of education the plans required pursuant to sections 1 and 2 of this act. Each such".
Amend sec. 4, page 4, line 16, by deleting "so certified" and inserting:
"certified in the administration of cardiopulmonary resuscitation".
Amend the title of the bill by deleting the third and fourth lines and inserting:
"and other educational personnel in the administration of cardiopulmonary resuscitation; clarifying that teachers and other educational personnel who".
Amend the summary of the bill, second line, by deleting "licensed".
Senator Rawson moved the adoption of the amendment.
Remarks by Senators Rawson, Jacobsen, McGinness and Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 351.
Bill read second time and ordered to third reading.

Senate Bill No. 353.
Bill read second time and ordered to third reading.

Senate Bill No. 364.
Bill read second time and ordered to third reading.

Senate Bill No. 369.
Bill read second time and ordered to third reading.

Senate Bill No. 370.
Bill read second time and ordered to third reading.

Assembly Bill No. 110.
Bill read second time and ordered to third reading.

Assembly Bill No. 324.
Bill read second time and ordered to third reading.

Assembly Bill No. 408.
Bill read second time and ordered to third reading.

GENERAL FILE AND THIRD READING

Senate Bill No. 13.
Bill read third time.
The following amendment was proposed by the Committee on Judiciary.
Amendment No. 402.
Amend the bill as a whole by deleting sections 1 through 10 and inserting new sections designated sections 1 through 8, following the enacting clause, to read as follows:
"Section 1 Chapter 41 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2 As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3 "Advertisement" means material that:
1. Advertises for commercial purposes the availability or the quality of real property, goods or services; or
2. Is otherwise designed or intended to solicit a person to purchase real property, goods or services.
Sec. 4 "Electronic mail" means a message, a file or other information that is transmitted through a local, regional or global network, regardless of whether the message, file or other information is:
1. Viewed;
2. Stored for retrieval at a later time;
3. Printed onto paper or other similar material; or
4. Filtered or screened by a computer program that is designed or intended to filter or screen items of electronic mail.
Sec. 5 "Network" means a network comprised of one or more computers that may be accessed by a modem, electronic or optical technology or other similar means.
Sec. 6 "Recipient" means a person who receives an item of electronic mail.
Sec. 7 1. Except as otherwise provided in section 8 of this act, if a person transmits or causes to be transmitted to a recipient an item of electronic mail that includes an advertisement, the person is liable to the recipient for civil damages unless:
(a) The person has a preexisting business or personal relationship with the recipient; or
(b) The recipient has expressly consented to receive the item of electronic mail from the person.
2. If a person is liable to a recipient pursuant to subsection 1, the recipient may recover from the person:
(a) Actual damages or damages of $10 per item of electronic mail received, whichever is greater; and
(b) Attorney's fees and costs.
3. In addition to any other recovery that is allowed pursuant to subsection 2, the recipient may apply to the district court of the county in which the recipient resides for an order enjoining the person from transmitting to the recipient any other item of electronic mail that includes an advertisement.
Sec. 8 1. If a person provides users with access to a network and, as part of that service, transmits items of electronic mail on behalf of those users, the person is immune from liability for civil damages pursuant to sections 2 to 8, inclusive, of this act, unless the person transmits an item of electronic mail that includes an advertisement he prepared or caused to be prepared.
2. The provisions of sections 2 to 8, inclusive, of this act do not apply to an item of electronic mail that is obtained by a recipient voluntarily. This subsection includes, but is not limited to, an item of electronic mail that is obtained by a recipient voluntarily from an electronic bulletin board.".
Amend the title of the bill to read as follows:
"An Act relating to actions concerning persons; providing that a person who transmits certain items of electronic mail is liable to the recipient for civil damages under certain circumstances; providing that the district court may enjoin a person from transmitting certain items of electronic mail under certain circumstances; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"Summary--Provides that person who transmits certain items of electronic mail is liable to recipient for civil damages under certain circumstances. (BDR 3-723)".
Senator James moved the adoption of the amendment.
Remarks by Senators James, Coffin, O'Donnell and Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 156.
Bill read third time.
Senator Adler moved that Senate Bill No. 156 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Adler.
Motion carried.

Senate Bill No. 274.
Bill read third time.
Remarks by Senator Raggio.
Roll call on Senate Bill No. 274:
Yeas--21.
Nays--None.
Senate Bill No. 274 having received a two-thirds majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 285.
Bill read third time.
Remark by Senators Neal, Washington, James and Adler.
Senator Neal requested that the following remarks and Section 4 from the bill be entered in the Journal.
Senator Neal:
Thank you, Mr. President. May we please have an explanation of this bill?

Senator Washington:
Thank you, Mr. President, through you to the Senator from North Las Vegas. Basically, Senate Bill No. 285 requires fingerprints, photographs and certain records remain open depending upon the offenses that have been committed by the offender. These include such offenses as sexual offenses, violent acts or offenses which have been adjudicated as adults. These records are to remain open until at least their 24^th birthday. If they commit any other offenses prior to their 24^th birthday, their records shall remain open. As far as their fingerprints are concerned if they commit a felony, gross misdemeanor, and some misdemeanors, sexual offenses, violent offenses or offenses with a weapon. Records would be held by the central repository and could be used for investigative services for law enforcement purposes.

Senator Neal:
Question, Mr. President. Will this bill allow the prints of a juvenile to be taken if that juvenile has not committed any offense and have those prints remain on file?

Senator Washington:
Thank you, Mr. President, in answer to the question asked by the Senator from North Las Vegas. If they have not committed any other offenses, they would still remain on their records, but the records would be sealed.

Senator Neal:
Mr. President, that explanation did not answer my question. If I may repeat it, would this permit the taking of fingerprints of juveniles who have not committed a crime and have those prints remain on file?

Senator Washington:
Mr. President, if the juvenile has not committed a crime then his fingerprints would not be taken.

Senator Neal:
Mr. President, may I ask the speaker to the bill if he would refer to page 2, line 26 of subsection 2 and explain the language contained therein to me?

Senator Washington:
Thank you, Mr. President. Once again, if the juvenile has not committed an offense, based on the language in the bill, his fingerprints would not be taken. The only reason why his fingerprints would be taken is if he has committed a felony regarding sexual offenses, gross misdemeanors or a misdemeanor.

Senator Neal:
Mr. President, may I then call upon the Chairman of the Judiciary Committee to verify the true facts of this particular section?

Senator James:
Thank you, Mr. President. I believe that subsection 2 of Section 4 allows for the taking of what is called latent fingerprints. Those are fingerprints that are found in the investigation of a crime, but the child has not been arrested or taken into custody. It is a different child referred to there than the one in Subsection 1 who is the subject of a felony charge and an arrest. What this does is to set forth the circumstances under which they can be taken and how they are kept. I do not believe that the taking of latent fingerprints of a child is a new provision in the law. I think they are merely revising the manner in which it is handled. They already have the right to take those fingerprints. Because they are investigating a crime, they are obviously going to look for witnesses, those who might be involved and take fingerprints.

Senator Neal:
Mr. President, as I understand this particular section which says that the fingerprint of a child who is in custody, but is not subject to the provision of subsection1 that means that subsection 1 talks about it would be a felony, a gross misdemeanor, and that language which is on lines 21 through 25 of page 2 may be taken if a law enforcement officer finds latent prints. I would suggest that the language speaks about two different things here. It is talking about the taking of fingerprints and then the latent prints found at the scene of a crime. The officer, as I understand this particular bill, then would compare the fingerprints taken from the juvenile and if they do not match up with the latent prints then they may be required to keep those fingerprints on file and place them with the criminal repository. That is the way I understand this language. Would someone tell me if I am interpreting it wrong? That simply means that if a person who has not committed a crime, their fingerprints are still on file for no reason.

Senator James:
Thank you, Mr. President. If you look at the bill starting with line 20 of Section 4, you can read the old language. The old language indicates exactly what the Senator from North Las Vegas is saying. The procedure by which latent fingerprints are taken it says "If," then on line 28, "latent fingerprints are found during an investigation of an offense and the law enforcement officer has reason to believe that they are those of a child in custody, he may fingerprint the child for the purpose of making an immediate comparison of latent fingerprints." This is already in the law. They rewrote the first part to say that, on line 16, a child has been arrested for something that would be one of the felonies or gross misdemeanors, the fingerprints must be taken. Then you go down to line 42, subsection 3 where it says what happens with fingerprints that are taken pursuant to provisions of this section; this being Section 4. Then you go over to page 3, beginning with line 1 of subsection (a) is the "may" portion. It states that they "may" be retained in the local file, or local system, for automated retrieval of fingerprints if they are retained under special security measures, etc. Line 5 says that they must be submitted to the central repository if they are those of a child who committed an act that would be a felony, on and on, or a sexual offense. The part about the taking of the fingerprints has not changed. The only part that is changed there is that they must be taken under these circumstances as indicated by the Senator from Sparks. The latent fingerprints are then taken and all of them are retained by discretion locally and they must be sent to the central repository if they are those of someone who has committed these serious crimes. That is how it works.
Sec. 4. NRS 62.350 is hereby amended to read as follows:
62.350 1. The fingerprints of a child [who is arrested] must be taken if the child is in custody for an act that , [would be a felony] if committed by an adult [may be taken and retained by law enforcement officers as provided in subsection 3.
2. If] :
(a) Would be a felony, a gross misdemeanor or a sexual offense; or
(b) Would be a misdemeanor, and the act involved:
(1) The use or threatened use of force or violence against the victim; or
(2) The possession, use or threatened use of a firearm or a deadly weapon.
2. The fingerprints of a child who is in custody but who is not subject to the provisions of subsection 1 may be taken if a law enforcement officer finds latent fingerprints [are found] during the investigation of an offense and [a law enforcement] the officer has reason to believe that [they] the latent fingerprints are those of [a child in custody, he may fingerprint] the child. The officer shall use the fingerprints taken from the child for the purpose of making an immediate comparison with the latent fingerprints. If the comparison is:
(a) Negative, the fingerprint card and other copies of the fingerprints taken may be immediately destroyed or may be retained for future use.
(b) Positive, the fingerprint card and other copies of the fingerprints:
(1) Must be delivered to the court for disposition if the child is referred to court.
(2) May be immediately destroyed or may be retained for future use if the child is not referred to court.
[Fingerprints must]
3. Fingerprints that are taken from a child pursuant to the provisions of this section:
(a) May be retained in a local file or a local system for the automatic retrieval of fingerprints if they are retained under special security measures that limit inspection of the fingerprints to law enforcement officers who are conducting criminal investigations.
(b) Must be submitted to the central repository for Nevada records of criminal history if the child is adjudicated delinquent for an act that, if committed by an adult, would be a felony or sexual offense, and may be submitted to the central repository for any other act. The central repository shall retain the fingerprints of the child under special security measures that limit inspection of the fingerprints to law enforcement officers who are conducting criminal investigations and to officers and employees of the central repository who are assisting law enforcement officers with criminal investigations or who are conducting research or performing a statistical analysis.
(c) Must not be submitted to the Federal Bureau of Investigation or Criminal Identification and Investigation Bureau of California unless the child is [found to have committed an act of delinquency that would be a felony if committed by an adult.
3. If the fingerprints of a child are taken pursuant to subsection 1 or 2, they may be retained in a local file, including any local system for the automatic retrieval of fingerprints, or sent to a central state depository but they must be kept separate from those of adults, under special security measures limited to inspection for the purpose of comparison by law enforcement officers or by staff of the depository only in the investigation of a crime.] adjudicated delinquent for an act that, if committed by an adult, would be a felony or a sexual offense.
4. A child who is in custody must be photographed for the purpose of identification. The [photograph] photographs of the child must be kept in the file pertaining to the child [,] under special security measures [limited to inspection by] that limit inspection of the photographs to law enforcement officers [only in the investigation of a crime.] who are conducting criminal investigations.
5. Any person who willfully violates any provision of this section is guilty of a misdemeanor.
Senator Neal requested that the following remarks be entered in the Journal.

Senator Neal:
In reference to page 2, subsection 2 of the bill, this would permit an officer the discretionary powers to pick up teenagers if he believed that those teenagers are part of some particular gang or any type of thing he believes he needs their fingerprints for. He would take those folks in and have them fingerprinted under this particular bill. I happen to think that this is wrong and I'll tell you the reason why. A few years back, we had an officer in the Las Vegas area who indiscriminately picked up black youths and took them down and had them fingerprinted. He did this for the purpose of checking those fingerprints when some other crime was committed. I would submit to this particular body that this practice is wrong. When we now codify this into law, based on the fact that this officer should not have an articulate suspicion, which is the belief language it is supposed to support, but is left to the discretion of that officer under this particular language to pick those children up indiscriminately when they have not committed a crime and have them fingerprinted. I would say to this body that it does nothing for law enforcement, but it creates a mind set in those youths against the police when they know they have not committed an act and they are subject to fingerprinting. Just because we happen to set this section out with some type of sexual language, it is wrong. It should not be permitted in statute.

Senator James:
Thank you, Mr. President. Frankly, I think the Senator from North Las Vegas is mistaken. I think you have to go back to the language in the bill and see what has happened here. We are trying to set out, in the law, a situation under which fingerprints must be taken and retained. That is the intent, purpose and effect of the bill. It is to start taking of fingerprints of youths who commit serious crimes so that those fingerprints may be utilized further on down the line in the criminal justice system. We have done that in subsection 1 of Section 4. Subsection 2 of Section 4 does not give the police any more authority to pick anyone up; does not give anymore authority to bring someone into custody; they still have to have all the probable cause for an arrest that exists elsewhere in the law. It just says that if there is a child in custody, which is what the law already says, you may take these fingerprints. Look at line 30 - a child in custody. We are just taking that language out of there and putting it on line 26. We are not saying that you can pick up kids indiscriminately and fingerprint them. We are just saying that if you have a child in custody (and this is not a child who has committed one of those serious felonies where his prints must be taken) and have reason to believe that those latent fingerprints found at the scene of the crime are his, you can fingerprint that child. That is all it says, but it already says that. It is in the law now. If we are going to read things for the record, I'll read that. On line 20, beginning with "if latent fingerprints are found during the investigation of an offense and a law enforcement officer has reason to believe that they are those of a child in custody, he may fingerprint the child for purposes of making an immediate comparison with the latent fingerprints." That is the old language of the law. The Chairman of the Government Affairs Committee was kind enough to give me a copy of the existing statute. If anyone is interested they can look at NRS 62.350 which is the codification of this law where there, in subsection 2 of that codification, it has that exact language. We are not changing anything about the power of the police to do that. I hate to see something like that get confused since that is not what is happening with this bill. This bill just deals with those serious crimes and tries to make sure that the fingerprints are retained under those circumstances.

Senator Neal:
I have a brief comment, Mr. President. In the custody language, we are not talking about arrest. Once a person has been arrested, I think it is fair game to fingerprint that individual. A person who is in custody is not necessarily one who has been arrested for any particular offense. The police can pick you up and take you into custody, take you down to jail and fingerprint you. This is what this bill is saying.

Senator Adler:
Thank you, Mr. President, to you and through you to the Senator from North Las Vegas. What is meant by that language is that if you are in custody, necessarily you have been arrested and they have had probable cause for arrest. The police cannot pick you up for no reason and take you into custody. If they are doing it, it is a violation of the constitution. In custody does mean there has been an arrest made. Generally, if someone has been taken into custody, they can fingerprint them and take a photograph of them. This is true whether they are juveniles or adults. I do not see anything unusual about this. I do agree with the Senator from North Las Vegas that if this were to provide for the random pick up of youth for photographing and fingerprinting, it would be unconstitutional. The words "in custody" refer to the fact that there has been probable cause for an arrest and to take them into custody.

Senator James:
Just to make it clear, Mr. President, the words "in custody" are already in the statute. These are not new words; they are already in there.
Roll call on Senate Bill No. 285.
Yeas--20.
Nays--Neal.
Senate Bill No. 285 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 337.
Bill read third time.
Roll call on Senate Bill No. 337:
Yeas--21.
Nays--None.
Senate Bill No. 337 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 258.
Bill read third time.
Roll call on Assembly Bill No. 258:
Yeas--21.
Nays--None.
Assembly Bill No. 258 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Assembly Bills Nos. 113, 249, 284, 297 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.

UNFINISHED BUSINESS
Consideration of Assembly Amendments

Senate Bill No. 77.
The following Assembly amendment was read:
Amendment No. 331.
Amend section 1, page 1, line 4, by deleting "2," and inserting:
"2 [,] or 3,".
Amend section 1, page 2, after line 5, by inserting:
"3. A person who is the age of 65 years or over who lives 65 miles or more from the court is exempt from serving as a grand or trial juror. Whenever it appears to the satisfaction of the court, by affidavit or otherwise, that a juror is the age of 65 years or over and lives 65 miles or more from the court, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.".
Amend the title of the bill, second line, after "juror;" by inserting:
"providing that a person who is the age of 65 years or over and who lives 65 miles or more from the court may be exempt from service as a grand or trial juror;".
Amend the summary of the bill to read as follows:

"Summary--Makes various changes concerning exemption from service as grand or trial juror. (BDR 1-790)".

Senator James moved that the Senate concur with Assembly amendment No. 331 to Senate Bill No. 77.
Remarks by Senator James.
Motion carried.
Bill ordered enrolled.

Senate Bill No. 81.
The following Assembly amendment was read:
Amend section 1, page 1, by deleting line 7 and inserting:
"2. A district attorney or a peace officer shall [give] serve reasonable notice [to] upon a".
Amend section 1, page 1, line 12, after "5" by inserting "judicial ".
Amend the title of the bill by deleting the first and second lines and inserting:
"An Act relating to grand jury proceedings; making various changes concerning notice that must be given to a person whose indictment is being considered by a grand jury; and".
Amend the summary of the bill to read as follows:
"Summary--Makes various changes concerning notice to person whose indictment is being considered by grand jury. (BDR 14-662)".
Senator James moved that the Senate concur with Assembly amendment No. 301 to Senate Bill No. 81.
Remarks by Senator James.
Motion carried.
Bill ordered enrolled.

Recede from Senate Amendments

Senator Rawson moved that the Senate do not recede from its action on Amendment No. 307 to Assembly Bill No. 29, that a conference be requested, and that Mr. President appoint a first Committee on Conference consisting of three members to meet with a like committee of the Assembly.
Remarks by Senator Rawson.
Motion carried.
Bill ordered transmitted to the Assembly.

Appointment of Conference Committees

Mr. President appointed Senators Mathews, Wiener and Townsend as a first Committee on Conference to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 29.

Signing of Bills and Resolutions

There being no objections, the President and Secretary signed Senate Bills Nos. 51, 54, 68, 98, 176, 178, 202, 232, 249; Senate Concurrent Resolutions Nos. 37, 38; Assembly Concurrent Resolutions Nos.26, 27.

REMARKS FROM THE FLOOR

Senator Raggio requested that his remarks be entered in the Journal.
This is the story behind the Senate-Assembly baseball trophy which was delivered by a relative of mine from Chicago. At the end of the 1995 Legislative Session, the Senate won the softball game between the two houses by a score of 24 to 14, probably the largest margin of victory ever in the history of this traditional event. This victory was a true bipartisan effort; both sides of the aisle gave everything they had. As it turned out, it was a walkover. The trophy was broken by uncalled for, boisterous conduct on the part of those representing the lower house. A tug-of-war developed in which the Senate did not willingly participate. This showed some elements of poor sportsmanship and decorum and was certainly not engaged in by the upper house nor was it befitting a member of the legislature. As a result, the trophy was damaged and had to be repaired. The Assembly Chief Clerk who did show some responsibility, although certainly not a recognition of true ownership, had the trophy repaired. The trophy was retrieved from the Assembly in March and returned to the Senate, the rightful owner. I don't think there is any argument over the rightful ownership of the trophy, not when you win by 10 runs.
However, still devious and conspiratorial, somebody stole the softball trophy from the Senate Chambers. The trophy reappeared on top of a speaker, not the Dini-type speaker, but an audio speaker high above the Assembly Chambers, a rather dastardly occurrence. When the Assembly members arrived for their floor session on April Fools Day, a noteworthy date, the trophy had again disappeared from high atop the speaker. In place of the trophy, I am told, was a rubber chicken hanging from the speaker. I think it is a suitable response for what occurred previously. Justice had prevailed. The trophy, however it got back to the Senate, is certainly welcome.
The plates on the trophy recognize the winners of this traditional event. With few exceptions, the Senate has been the winner. It does warrant the motto that was referred to when former Senator Ashworth was inducted into the Hall of Fame: "Old age and treachery will overcome youth and skill." I would like to commend all those who participated in retrieving and returning the trophy to its rightful place. We are sportsmen. We understand justice and equity. We will put the trophy up again for rightful delivery to whomever wins this year's game.
I am going to call on all Senators to work together. We don't need to exercise our full effort. We have experienced much more, and have been through harder trials and travails than the Assembly; therefore, with just an ordinary effort, we should be able to retain the trophy. Thank all of you for your effort in acquiring and earning the trophy and your efforts in keeping it. As a further contribution to those efforts and to make assurance of victory even more so, I will not actively play. However, I will offer advice and counsel. The Minority Leader, too, will be cheering the team on to victory. Thank you, Mr. President.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to Eagle Valley students: Jennafer Rigecelt and Cecilia Borja and the following students from Smith Valley School: Chloe Boudreau, Teresa Brandon-Tremel, Brandon Dini, Jeramy Drake, Travis Edney, Travis Hansen, Megan Harrington, Adam Harris, Stephen Koontz, Cass Leiter, Andrea Lloyd, Steven Moccio, David Nelson, Beckie Nuti, Jason Nuti, Jacob Roseberry, Daniel Shehady, Justin Thran, Kayla Verdugo and Lorena Verdugo: chaperones; Tasca Renner, Daniel Shehady, Sr., Sandra Lloyd and teacher Dixie Boninsegna.

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Bruno Selmi, Mike Stewart and Shirley Dale.

On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Barb Brents and George Togliatti.

Senator Raggio moved that the Senate adjourn until Thursday, May 22, 1997 at 10 a.m.
Motion carried.

Senate adjourned at 1:03 p.m.

Approved:

Lonnie L. Hammargren, M.D.

President of the Senate

Attest: Janice L. Thomas
Secretary of the Senate