Carson City (Wednesday), June 18, 1997

Senate called to order at 11:47 a.m.
President Hammargren presiding.
Roll called.
All present except Senator Regan, who was excused.

Prayer by the Chaplain, Monte Fast.
Today we think of
People who cannot be a part of this process.
People who cannot vote.
People who cannot lobby.
People who cannot visit this house.
Some wise person has said that the measurement of any society is how it cares for its least able citizens.
And so today we think about our blessings and remind ourselves that the creator who gave us these blessings has given us opportunity to do good on this day... for Him... and in His 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.

Randolph J. Townsend,

Chairman

Mr. President:
Your Committee on Finance, to which were referred Senate Bills Nos. 172, 187; Assembly Bill No. 229, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William J. Raggio,

Chairman

Mr. President:
Your Committee on Human Resources and Facilities, to which was referred Senate Bill No. 49, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Raymond D. Rawson,

Chairman

Mr. President:
Your Committee on Judiciary, to which were referred Senate Bills Nos. 392, 436, 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

Assembly Chamber, Carson City, June 17, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bills Nos. 247, 258 and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 548.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 184, 208, 227, 254, 527.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Joint Resolution No. 15.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Assembly Bill No. 208.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 227.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 254.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

Assembly Bill No. 527.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Assembly Bill No. 548.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

"Summary--Requires establishment of program in certain counties for mediation in cases that involve determination of custody or visitation of child. (BDR 1-1350)".

Assembly Bill No. 54.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources:
Amendment No. 610.
Amend section 1, page 1, by deleting line 3 and inserting:
"context otherwise requires:
1. "Permit" does not include a permit issued by the division pursuant to NRS 502.390 authorizing the development or maintenance of an artificial or man-made body of water.
2. "Wildlife [violation"] conviction" means a".
Amend section 1, page 1, line 8, by deleting "1." and inserting "(a)".
Amend section 1, page 1, line 9, after "502.370," by inserting "502.390,".
Amend section 1, page 1, line 11, by deleting "2." and inserting "(b)".
Amend sec. 3, page 2, line 43, after "revoked " by inserting:
"pursuant to this section".
Amend sec. 3, page 3, line 5, by deleting "revoked," and inserting:
"revoked pursuant to this section,".
Amend the bill as a whole by renumbering sections 5 through 7 as sections 6 through 8 and adding a new section designated sec. 5, following sec. 4, to read as follows:
"Sec. 5. NRS 501.388 is hereby amended to read as follows:
501.3881. The commission may [:] , in addition to any suspension, revocation or other penalty imposed pursuant to any other provision of this Title:
(a) Revoke any license of any person who is convicted of a violation of NRS 503.050, [in addition to the penalty imposed,] and may refuse to issue any new license to the convicted person for any period not to exceed 5 years after the date of the conviction; and
(b) Revoke any license of any person who is convicted of unlawfully killing or possessing a bighorn sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion or black bear without a valid tag, [in addition to the penalty imposed,] and may:
(1) Refuse to issue any new license to the convicted person for any period not to exceed 3 years; and
(2) Revoke that person's privilege to apply for any big game tag for a period not to exceed 10 years.
2. The court in which the conviction is had shall require the immediate surrender of all such licenses and shall forward them to the commission.".
Amend the title of the bill, first line, after "governing" by inserting:
"the requirements for the issuance of a hunting license and".
Amend the summary of the bill, first line, after "governing" by inserting:
"requirements for issuance of hunting license and".
Senator Rhoads moved the adoption of the amendment.
Remarks by Senator Rhoads.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 97.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 578.
Amend section 1, page 1, by deleting lines 3 through 5 and inserting:
"1. If, at any time during the period of limitation prescribed in NRS 171.085 and 171.095, a victim of a sexual assault or a person authorized to act on behalf of a victim of a sexual assault files with a law enforcement officer a written report concerning the sexual assault, the period of limitation prescribed in NRS 171.085 and 171.095 is removed and there is no limitation of the time within which a prosecution for the sexual assault must be commenced.
2. If a written report is filed with a law enforcement officer pursuant to subsection 1, the law enforcement officer shall provide a copy of the written report to the victim or the person authorized to act on behalf of the victim.
3. If a victim of a sexual assault is under a disability during any part of the period of limitation prescribed in NRS 171.085 and 171.095 and a written report concerning the sexual assault is not otherwise filed pursuant to subsection 1, the period during which the victim is under the disability must be excluded from any calculation of the period of limitation prescribed in 171.085 and 171.095.
4. For the purposes of this section, a victim of a sexual assault is under a disability if the victim is insane, mentally retarded, mentally incompetent or in a medically comatose or vegetative state.
5. As used in this section, "law enforcement officer" means:
(a) A prosecuting attorney;
(b) A sheriff of a county or his deputy;
(c) An officer of a metropolitan police department or a police department of an incorporated city; or
(d) Any other person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.".
Amend sec. 2, page 1, by deleting lines 7 through 9 and inserting:
"171.085Except as otherwise provided in NRS 171.095 [,] and section 1 of this act, an indictment for:
1. Theft, robbery, burglary, forgery, arson or sexual assault".
Amend sec. 3, page 1, line 16, after "in" by inserting:
"section 1 of this act and ".
Amend sec. 3, page 2, line 8, by deleting:
"except sexual assault pursuant to NRS 200.366,".
Amend the title of the bill to read as follows:

"An Act relating to criminal procedure; revising the provisions relating to the time within which a prosecution for sexual assault must be commenced; and providing other matters properly relating thereto.".

"Summary--Revises provisions relating to time within which prosecution for sexual assault must be commenced. (BDR 14-364)".

Assembly Bill No. 176.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 617.
Amend the bill as a whole by renumbering sec. 18 as sec. 22 and adding new sections designated sections 18 through 21, following sec. 17, to read as follows:
"Sec. 18. Section 1 of Senate Bill No. 207 of this session is hereby amended to read as follows:
Section 1. NRS 62.211 is hereby amended to read as follows:
62.2111. Except as otherwise provided in NRS 62.212 and section 1 of [this act] Assembly Bill No. 39 of this session, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than [17] 18 years of age, order [the] :
(1) The parent, guardian or custodian of the child [, and any brothers, sisters] ; and
(2) Any brother, sister or other [persons] person who is living in the same household as the child over whom the court has jurisdiction ,
to attend or participate in counseling, [alone or together] with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse , or techniques of dispute resolution.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney's fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the child's driver's license for at least 90 days but not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from receiving a driver's license for at least 90 days but not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to receive a driver's license.
(2) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to receive a license on the date of the order.
If the court issues an order suspending the driver's license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
2. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
3. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
4. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
5. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child's educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
6. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
Sec. 19. Section 11 of Senate Bill No. 102 of this session is hereby amended to read as follows:
Sec. 11. NRS 62.211 is hereby amended to read as follows:
62.2111. Except as otherwise provided in NRS 62.212 and section 1 of Assembly Bill No. 39 of this session, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 18 years of age, order:
(1) The parent, guardian or custodian of the child; and
(2) Any brother, sister or other person who is living in the same household as the child over whom the court has jurisdiction,
to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney's fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the child's driver's license for at least 90 days but not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from receiving a driver's license for at least 90 days but not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to receive a driver's license.
(2) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to receive a license on the date of the order.
If the court issues an order suspending the driver's license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
2. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
3. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
4. [At] Except as otherwise provided in section 7 of this act, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
5. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child's educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
6. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
Sec. 20. Section 1 of Senate Bill No. 277 of this session is hereby amended to read as follows:
Section 1. NRS 62.211 is hereby amended to read as follows:
62.2111. Except as otherwise provided in NRS 62.212 and section 1 of Assembly Bill No. 39 of this session, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 18 years of age, order:
(1) The parent, guardian or custodian of the child; and
(2) Any brother, sister or other person who is living in the same household as the child over whom the court has jurisdiction,
to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney's fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the child's driver's license for at least 90 days but not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from receiving a driver's license for at least 90 days but not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to receive a driver's license.
(2) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to receive a license on the date of the order.
If the court issues an order suspending the driver's license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
(m) If the child has not previously been found to be within the purview of this chapter and if the act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence, order the child to participate in a publicly or privately operated program of sports or physical fitness. If the court orders the child to participate in such a program, the court may order any or all of the following, in the following order of priority if practicable:
(1) The parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, but not limited to, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program;
(2) The child to work on projects or perform public service pursuant to paragraph (i) for a period that reflects the costs associated with the participation of the child in the program; or
(3) The county in which the petition alleging the child to be delinquent or in need of supervision is filed to pay the costs associated with the participation of the child in the program.
2. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
3. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
4. Except as otherwise provided in section 7 of [this act,] Senate Bill No. 102 of this session, at any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
5. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child's educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
6. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.
Sec. 21. Section 4 of Senate Bill No. 277 of this session is hereby amended to read as follows:
Sec. 4. Section 1 of this act becomes effective at 12:03 a.m. on October 1, 1997.".
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 315.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 627.
Amend section 1, page 1, by deleting lines 2 through 8 and inserting:
"176.245[Every defendant:
1. Whose probation has been revoked; or
2. Whose] A defendant whose term of probation has expired [, and:
(a)] and:
1. Whose whereabouts are unknown;
[(b)] 2. Who has failed to make restitution in full as ordered by the court, without a verified showing of economic hardship; or
[(c)] 3. Who has otherwise failed to qualify for an honorable discharge as".
Amend the title of the bill, second line, by deleting "discharge;" and inserting:
"discharge under certain circumstances;".
Senator Adler moved the adoption of the amendment.
Remarks by Senators Adler and Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 319.
Bill read third time.
Roll call on Senate Bill No. 319:
Yeas -- 20.
Nays -- None.
Excused -- Regan.
Senate Bill No. 319 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 375.
Bill read third time.
The following amendment was proposed by Senator Adler:
Amendment No. 620.
Amend sec. 4, page 2, line 37, after "review." by inserting:
"Notwithstanding the provisions of any other specific statute, a political subdivision of this state that is aggrieved by such a decision is entitled to judicial review of that decision.".
Senator Adler moved the adoption of the amendment.
Remarks by Senator Adler.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Mark A. James,

Chairman

Mr. President:
Your Committee on Judiciary, to which was referred Assembly Bill No. 439, 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 referred Senate Concurrent Resolution No. 46, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and be adopted as amended.

Kathy Augustine,

Chairman

Assembly Chamber, Carson City, June 18, 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. 11, 13, 165, 217, 218, 294, 485.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Senate Bill No. 392.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 721.
Amend the bill as a whole by deleting sections 1 through 20 and inserting new sections designated sections 1 through 39 and the text of the repealed section, following the enacting clause, to read as follows:
"Section. 1. Chapter 201 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 19, inclusive, of this act.
Sec. 2. The legislature hereby finds and declares that:
1. Outdoor advertising signs constitute a prominent and unique form of advertising. Because outdoor advertising signs generally are located in the most visible and frequented areas of the community, the children of this state are unavoidably exposed to such signs on a recurrent basis, often without the benefit of a parent or adult to help them assess the nature and the value of the messages and images presented.
2. Certain advertisements are harmful to the morals and the general welfare of children because such advertisements contain material which is patently offensive to the prevailing standards in the adult community with respect to what is suitable for children and which appeals primarily to the prurient interest of children without offering any serious literary, artistic, political or scientific value. Such advertisements entice children and stimulate their desires to engage in sexual conduct before their minds and bodies have sufficiently matured.
3. This state has a compelling interest to protect the physical and psychological welfare of children and to shield their developing minds and bodies from the influence of advertisements containing material that is harmful to minors. To protect the children of this state, therefore, it is necessary to prohibit such advertisements from being placed on outdoor advertising signs that may be viewed by children.
Sec. 3. 1. "Outdoor advertising sign" means a sign, billboard, display, device, light, figure, painting, drawing, message, plaque, poster or any other item that is:
(a) Placed outdoors or placed indoors as part of a window display that is directly visible from outdoors;
(b) Designed or intended to advertise, promote or direct attention to a business, commodity, service or form of entertainment or attraction; and
(c) Affixed, temporarily or permanently, to:
(1) The ground;
(2) A building, structure or freestanding support; or
(3) A motor vehicle, as defined in NRS 484.081, or any other device that is used to transport a person or object.
2. The term does not include a publication that is distributed by or displayed within a newsrack.
Sec. 4. 1. A person shall not display, exhibit or place for public view upon an outdoor advertising sign any material that the person knows or reasonably should know is harmful to minors.
2. The provisions of subsection 1 must not be construed to prohibit a person from displaying, exhibiting or placing for public view any material which advertises, markets or promotes a lawful business, product or service and which does not constitute or otherwise contain material that is harmful to minors.
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.
Sec. 5. The provisions of NRS 201.256 to 201.265, inclusive, and sections 2, 3 and 4 of this act do not affect the authority of a political subdivision of this state to impose more stringent restrictions concerning:
1. The advertising, display, exhibition, marketing, promotion, distribution or sale of material that is harmful to minors; or
2. The location where material that is harmful to minors is advertised, displayed, exhibited, marketed, promoted, distributed or sold.
Sec. 6. 1. A person shall not engage in conduct that constitutes a referral service for prostitution.
2. 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, unless a more severe penalty is prescribed by law for the conduct that constitutes a violation of this section.
3. As used in this section:
(a) "Refer" and "referring" include, but are not limited to:
(1) Providing an address, directions or a location.
(2) Providing a telephone number or any other item of information that is designed or intended to facilitate contact by a method of telecommunication.
(b) "Referral service for prostitution" means a person who:
(1) Knowingly and for a fee refers another person to or aids in referring another person to an unlicensed house of prostitution or a prostitute who engages in prostitution in a place other than a licensed house of prostitution;
(2) Knowingly and for a fee refers another person to or aids in referring another person to a third person who engages in conduct that violates the provisions of subparagraph 1;
(3) Owns, operates or aids in the operation of a licensed or an unlicensed entertainment by referral service, as defined in section 29 of this act, and who knows or reasonably should know that one or more of the entertainers for the entertainment by referral service engages in prostitution with one or more customers of the entertainment by referral service;
(4) Owns, operates or aids in the operation of a licensed or an unlicensed escort service and who knows or reasonably should know that one or more of the escorts for the escort service engages in prostitution with one or more customers of the escort service;
(5) Owns, operates or aids in the operation of a place, other than a licensed house of prostitution, that is used primarily for prostitution and who knows or reasonably should know that the place is used primarily for prostitution; or
(6) Solicits for himself or another person and who knows or reasonably should know that the solicitation is designed or intended to promote or facilitate conduct that violates the provisions of this section.
Sec. 7. As used in sections 7 to 19, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 8 to 13, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 8. "Advertising medium" includes, but is not limited to:
1. A handbill, publication or other similar printed material.
2. A sign, billboard, display, device, light, figure, painting, drawing, message, plaque, poster or other similar item that is designed or intended to advertise, promote or direct attention to a business, commodity, service or form of entertainment or attraction. This subsection includes, but is not limited to, an outdoor advertising sign as defined in section 3 of this act.
3. A system used for the delivery of radio or television signals, including, but not limited to, a system that uses broadcast, cable, closed circuit or satellite signals.
4. A network comprised of one or more computers that may be accessed by a modem, electronic or optical technology or other similar means.
Sec. 9. "Entertainer for an entertainment by referral service" has the meaning ascribed to it in section 28 of this act.
Sec. 10. "Entertainment by referral service" has the meaning ascribed to it in section 29 of this act.
Sec. 11. "Referral service for prostitution" has the meaning ascribed to it in section 6 of this act.
Sec. 12. "Sexually related anatomical area" means:
1. The genitals, pubic region or buttocks of a male or female if it is not completely covered by an opaque covering;
2. The breast of a female if it is not completely covered below a point immediately above the top of the areola by an opaque covering; or
3. The genitals of a male in a discernibly turgid state, whether or not covered.
Sec. 13. "Sexually related form of entertainment" means a form of entertainment or attraction that involves an employee or independent contractor who:
1. Is paid or permitted to expose; or
2. Receives compensation or gratuities as a result of exposing,
a sexually related anatomical area to the view of one or more customers, whether or not the employee or independent contractor is engaged in providing other services at the time of the exposure.
Sec. 14. A person shall not:
1. Advertise, cause to be advertised or aid in advertising a referral service for prostitution; or
2. Prepare, print or disseminate or aid in preparing, printing or disseminating an advertisement concerning a referral service for prostitution,
if the person knows or reasonably should know that the advertising or advertisement concerns a referral service for prostitution.
Sec. 15. 1. An entertainment by referral service, entertainer for an entertainment by referral service, escort service or escort shall not offer, provide or display a sexually related form of entertainment.
2. A person or business that is not otherwise subject to subsection 1 shall not offer, provide or display a sexually related form of entertainment, unless the person or business is licensed by a county or an incorporated city to offer, provide or display a sexually related form of entertainment.
Sec. 16. A person shall not:
1. Advertise, cause to be advertised or aid in advertising an entertainment by referral service, entertainer for an entertainment by referral service, escort service or escort; or
2. Prepare, print or disseminate or aid in preparing, printing or disseminating an advertisement concerning an entertainment by referral service, entertainer for an entertainment by referral service, escort service or escort,
if the person knows or reasonably should know that the entertainment by referral service, entertainer for an entertainment by referral service, escort service or escort offers, provides or displays a sexually related form of entertainment.
Sec. 17. Unless the provisions of section 16 of this act otherwise apply, a person shall not:
1. Advertise, cause to be advertised or aid in advertising a person or business; or
2. Prepare, print or disseminate or aid in preparing, printing or disseminating an advertisement concerning a person or business,
if the person knows or reasonably should know that the person or business offers, provides or displays a sexually related form of entertainment and is not licensed by a county or an incorporated city to offer, provide or display a sexually related form of entertainment.
Sec. 18. The inclusion, in whole or in part, of any of the following items of information in an advertising medium shall be deemed to be advertising for the purposes of sections 7 to 19, inclusive, of this act:
1. An address of, a location of, or directions to a referral service for prostitution or a person or business listed in sections 7 to 19, inclusive, of this act that offers, provides or displays a sexually related form of entertainment.
2. A telephone number or any other item of information that is designed or intended to facilitate contact, by a method of telecommunication, with a referral service for prostitution or a person or business listed in sections 7 to 19, inclusive, of this act that offers, provides or displays a sexually related form of entertainment.
3. Any other item of information that details or explains how to obtain an item of information listed in subsection 1 or 2 or how to obtain transportation to a referral service for prostitution or a person or business listed in sections 7 to 19, inclusive, of this act that offers, provides or displays a sexually related form of entertainment.
Sec. 19. A person who violates any of the provisions of sections 7 to 19, inclusive, of this act is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 20. NRS 201.256 is hereby amended to read as follows:
201.256 [Unless] As used in NRS 201.256 to 201.265, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the [definitions set forth] words and terms defined in NRS 201.257 to 201.264, inclusive, [govern the construction of NRS 201.256 to 201.265, inclusive.] and section 3 of this act, have the meanings ascribed to them in those sections.
Sec. 21. NRS 201.295 is hereby amended to read as follows:
201.295As used in NRS 201.295 to [201.440, inclusive,] 201.430, inclusive, and section 6 of this act, unless the context otherwise requires:
1. "Adult" means a person 18 years of age or older.
2. "Child" means a person less than 18 years of age.
3. "Prostitute" means a male or female person who for a fee engages in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.
4. "Prostitution" means engaging in sexual conduct for a fee.
5. "Sexual conduct" means any of the acts enumerated in subsection 3.
Sec. 22. NRS 201.430 is hereby amended to read as follows:
201.430 1. [It is unlawful for any person engaged in conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, or any owner, operator, agent or employee of a house of prostitution, or anyone acting on behalf of any such person, to advertise the unlawful conduct or any house of prostitution:
(a) In any public theater, on the public streets of any city or town, or on any public highway; or
(b) In any] Except as otherwise provided in subsection 2, a person shall not:
(a) Advertise, cause to be advertised or aid in advertising prostitution, a house of prostitution or conduct related to prostitution; or
(b) Prepare, print or disseminate or aid in preparing, printing or disseminating an advertisement concerning prostitution, a house of prostitution or conduct related to prostitution,
if the person knows or reasonably should know that the advertising or advertisement concerns prostitution, a house of prostitution or conduct related to prostitution.
2. If a house of prostitution is licensed pursuant to NRS 244.345, a person may advertise that house of prostitution in a county, city or town where prostitution is not prohibited by local ordinance [or] and where the licensing of a house of prostitution is not otherwise prohibited by state statute [.
2. It is unlawful for any person knowingly to prepare or print an advertisement concerning a house of prostitution not licensed for that purpose pursuant to NRS 244.345, or conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, in any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute.
3. Inclusion in any display, handbill or publication of the address, location or telephone number of a house of prostitution or of identification of a means of transportation to such a house, or of directions telling how to obtain any such information, constitutes prima facie evidence of advertising for the purposes of this section.
4. Any person, company, association or corporation violating the provisions of this section shall be punished:
(a) For the first violation within a 3-year period, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.
(b) For a second violation within a 3-year period, by imprisonment in the county jail for not less than 30 days nor more than 6 months, and by a fine of not less than $250 nor more than $1,000.
(c) For a third or subsequent violation within a 3-year period, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.] if the advertising is not displayed in a public theater or on a public street or highway.
3. The inclusion, in whole or in part, of any of the following items of information in an advertising medium shall be deemed to be advertising for the purposes of this section:
(a) An address of, a location of, or directions to a prostitute or a house of prostitution.
(b) A telephone number or any other item of information that is designed or intended to facilitate contact with a prostitute or a house of prostitution by a method of telecommunication.
(c) Any other item of information that details or explains how to obtain an item of information listed in paragraph (a) or (b) or how to obtain transportation to a prostitute or a house of prostitution.
4. A person who violates any of the provisions of this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.
5. As used in this section, "advertising medium" has the meaning ascribed to it in section 8 of this act.
Sec. 23. NRS 202.450 is hereby amended to read as follows:
202.450 1. A public nuisance is a crime against the order and economy of the state.
2. Every place:
(a) Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor is conducted, or any article, apparatus or device useful therefor is kept;
(b) Wherein any fighting between animals or birds is conducted;
(c) Wherein any dog races are conducted without a license as provided by law;
(d) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; [or]
(e) Wherein a person engages in conduct that constitutes a referral service for prostitution, as defined in section 6 of this act; or
(f) Where vagrants resort,
is a public nuisance.
3. Every act unlawfully done and every omission to perform a duty, which act or omission:
(a) Annoys, injures or endangers the safety, health, comfort or repose of any considerable number of persons;
(b) Offends public decency;
(c) Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or a public park, square, street, alley, bridge, causeway or highway; or
(d) In any way renders a considerable number of persons insecure in life or the use of property,
is a public nuisance.
4. Agricultural activity conducted on farmland consistent with good agricultural practice and established before surrounding nonagricultural activities is not a public nuisance unless it has a substantial adverse effect on the public health or safety. It is presumed that an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.
Sec. 24. NRS 40.140 is hereby amended to read as follows:
40.140 1. Except as otherwise provided in subsection [2, anything which is injurious] 4, anything that is:
(a) Injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property [,] ; or
(b) Listed in subsection 2 or 3,
is a nuisance [,] and may be the subject of an action. The action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.
2. Material that is displayed, exhibited or placed for public view upon an outdoor advertising sign in violation of section 4 of this act is a nuisance.
3. A building or place used by a person for engaging in conduct that constitutes a referral service for prostitution, as defined in section 6 of this act, is a nuisance.
4. It is presumed:
(a) That an agricultural activity conducted on farmland, consistent with good agricultural practice and established before surrounding nonagricultural activities is reasonable. Such activity does not constitute a nuisance unless the activity has a substantial adverse effect on the public health or safety.
(b) That an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.
Sec. 25. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 26 to 31, inclusive, of this act.
Sec. 26. The legislature hereby finds and declares that:
1. Prostitution that is conducted in places other than a licensed house of prostitution is harmful to the health, safety, morals and general welfare of the citizens of this state.
2. The law enforcement agencies of this state, using available resources and employing innovative and varied investigative techniques, have waged an ongoing battle to eliminate illegal prostitution. Despite the best efforts of these law enforcement agencies, illegal prostitution continues to thrive and adversely affect the health, safety, morals and general welfare of the citizens of this state.
3. Certain entertainment by referral services and escort services have operated as resilient and notorious fronts for illegal prostitution and have become a pervasive and persistent source of crime and disease in the communities of this state. Because the adverse secondary effects associated with certain entertainment by referral services and escort services threaten the health, safety, morals and general welfare of the citizens of this state, it is necessary to restrict the time, place and manner in which such services are offered and provided.
Sec. 27. As used in sections 27 to 31, inclusive, of this act and NRS 244.345, unless the context otherwise requires, the words and terms defined in sections 28, 29 and 30 of this act have the meanings ascribed to them in those sections.
Sec. 28. "Entertainer for an entertainment by referral service" means a natural person who is sent or referred for a fee to a hotel or motel room, home or other accommodation by an entertainment by referral service for the purpose of entertaining the person located in the hotel or motel room, home or other accommodation.
Sec. 29. "Entertainment by referral service" means a person or group of persons who send or refer another person to a hotel or motel room, home or other accommodation for a fee in response to a request by telephone or by any other means for the purpose of entertaining the person located in the hotel or motel room, home or other accommodation.
Sec. 30. "Sexually related form of entertainment" has the meaning ascribed to it in section 13 of this act.
Sec. 31. 1. The license board of a county shall not grant a license to:
(a) An entertainment by referral service or an entertainer for an entertainment by referral service if the entertainment by referral service or the entertainer intends to offer, provide or display a sexually related form of entertainment;
(b) An escort service or an escort if the escort service or the escort intends to offer, provide or display a sexually related form of entertainment; or
(c) A person or business which is not otherwise subject to paragraph (a) or (b) and which intends to offer, provide or display a sexually related form of entertainment, unless the sexually related form of entertainment:
(1) Will be provided or displayed on the premises of a business; and
(2) Will not be provided or displayed in a lodging room of a hotel, motel or other similar public accommodation.
2. The license board of a county shall, after a hearing, revoke the license of:
(a) An entertainment by referral service or an entertainer for an entertainment by referral service if the entertainment by referral service or the entertainer offers, provides or displays a sexually related form of entertainment;
(b) An escort service or an escort if the escort service or the escort offers, provides or displays a sexually related form of entertainment; or
(c) A person or business which is not otherwise subject to paragraph (a) or (b) and which offers, provides or displays a sexually related form of entertainment, unless the sexually related form of entertainment:
(1) Is provided or displayed on the premises of a business; and
(2) Is not provided or displayed in a lodging room of a hotel, motel or other similar public accommodation.
3. The provisions of this section do not affect the authority of the license board of a county to deny a license to, or to revoke the license of, a person or business for any other lawful purpose or reason.
Sec. 32. NRS 244.335 is hereby amended to read as follows:
244.335 1. Except as otherwise provided in NRS 244.345, sections 27 to 31, inclusive, of this act and subsection 2, the board of county commissioners may:
(a) Regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.
(b) Except as otherwise provided in NRS 244.3359, fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
2. The county license boards have the exclusive power in their respective counties to regulate escorts, entertainers [employed by] for an entertainment by referral service and the business of offering, providing or displaying a sexually related form of entertainment or of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such employment and businesses.
3. No license to engage in any type of business may be granted unless the applicant for the license signs an affidavit affirming that the business has complied with the provisions of chapter 364A of NRS. The county license board shall provide upon request an application for a business license pursuant to chapter 364A of NRS.
4. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the state has issued or will issue a license required for this activity.
5. Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced in the following manner:
(a) By recording in the office of the county recorder, within 6 months after the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year;
(2) The name of the record owner of the property;
(3) A description of the property sufficient for identification; and
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
6. The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. If the authority is so delegated, the board of county commissioners shall revoke or suspend the license of a business upon certification by the county fair and recreation board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 244.3357, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.
7. As used in this section:
(a) "Entertainer for an entertainment by referral service" has the meaning ascribed to it in section 28 of this act.
(b) "Entertainment by referral service" has the meaning ascribed to it in section 29 of this act.
(c) "Sexually related form of entertainment" has the meaning ascribed to it in section 13 of this act.
Sec. 33. NRS 244.345 is hereby amended to read as follows:
244.345 1. [Every] Each natural person [wishing] who wants to be employed as an escort or an entertainer for an entertainment by referral service and [every] each natural person, firm, association of persons or corporation [wishing] that wants to engage in the business of offering, providing or displaying a sexually related form of entertainment or of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city, must:
(a) Make application to the license board of the county in which the employment or business is to be engaged in, for a county license of the kind desired. The application must be in a form prescribed by the regulations of the license board.
(b) File the application with the required license fee with the county license collector, as provided in chapter 364 of NRS, who shall present the application to the license board at its next regular meeting.
The board, in counties whose population is less than 400,000, may refer the petition to the sheriff, who shall report upon it at the following regular meeting of the board. In counties whose population is 400,000 or more, the board shall refer the petition to the metropolitan police department. The department shall conduct an investigation relating to the petition and report its findings to the board at the next regular meeting of the board. The board shall at that meeting grant or refuse the license prayed for or enter any other order consistent with its regulations. Except in the case of an application for a license to conduct a gambling game or device, the county license collector may grant a temporary permit to an applicant, valid only until the next regular meeting of the board. In unincorporated towns and cities governed pursuant to the provisions of chapter 269 of NRS, the license board has the exclusive power to license and regulate the employment and businesses mentioned in this subsection.
2. The board of county commissioners, and in a county whose population is less than 400,000, the sheriff of that county constitute the license board, and the county clerk or other person designated by the license board is the clerk thereof, in the respective counties of this state.
3. [The] Except as otherwise provided in section 31 of this act, the license board may, without further compensation to the board or its clerk:
(a) Fix, impose and collect license fees upon the employment and businesses mentioned in this section.
(b) Grant or deny applications for licenses and impose conditions, limitations and restrictions upon the licensee.
(c) Adopt, amend and repeal regulations relating to licenses and licensees.
(d) Restrict, revoke or suspend licenses for cause after hearing. In an emergency the board may issue an order for immediate suspension or limitation of a license, but the order must state the reason for suspension or limitation and afford the licensee a hearing.
4. The license board shall hold a hearing before adopting proposed regulations, before adopting amendments to regulations, and before repealing regulations relating to the control or the licensing of the employment or businesses mentioned in this section. Notice of the hearing must be published in a newspaper published and having general circulation in the county at least once a week for 2 weeks before the hearing.
5. Upon adoption of new regulations the board shall designate their effective date, which may not be earlier than 15 days after their adoption. Immediately after adoption a copy of any new regulations must be available for public inspection during regular business hours at the office of the county clerk.
6. A majority vote of the members of the license board present governs in the transaction of all business. A majority of the members constitutes a quorum for the transaction of business.
7. [Any] Except as otherwise provided in section 15 of this act, a natural person, firm, association of persons or corporation who engages in the employment of any of the businesses mentioned in this section without first having obtained the license and paid the license fee as provided in this section is guilty of a misdemeanor.
8. In a county whose population is 400,000 or more, the license board shall not grant any license to a petitioner for the purpose of operating a house of ill fame or repute or any other business employing any person for the purpose of prostitution.
[9. As used in this section:
(a) "Entertainer for an entertainment by referral service" means a natural person who is sent or referred for a fee to a hotel or motel room, home or other accommodation by an entertainment by referral service for the purpose of entertaining the person located in the hotel or motel room, home or other accommodation.
(b) "Entertainment by referral service" means a person or group of persons who send or refer another person to a hotel or motel room, home or other accommodation for a fee in response to a telephone or other request for the purpose of entertaining the person located in the hotel or motel room, home or other accommodation.]
Sec. 34. NRS 266.355 is hereby amended to read as follows:
266.355 1. Except as otherwise provided in [subsection 3,] this section, the city council may:
(a) Regulate all businesses, trades and professions.
(b) Fix, impose and collect a license tax for revenue upon all businesses, trades and professions.
2. The city council may establish any equitable standard to be used in fixing license taxes required to be collected pursuant to this section.
3. The city council may license insurance agents, brokers, analysts, adjusters and managing general agents within the limitations and under the conditions prescribed in NRS 680B.020.
4. The city council shall comply with the provisions of section 31 of this act to the same extent as a license board of a county.
Sec. 35. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
The city council or other governing body of an incorporated city within this state, whether organized under general law or special charter, shall comply with the provisions of section 31 of this act to the same extent as a license board of a county.
Sec. 36. NRS 201.440 is hereby repealed.
Sec. 37. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 38. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 39. Section 21 of this act becomes effective at 12:01 a.m. on October 1, 1997.

TEXT OF REPEALED SECTION

201.440Unlawful to permit illegal advertising of houses of prostitution.
1. In any county, city or town where prostitution is prohibited by local ordinance or where the licensing of a house of prostitution is prohibited by state statute, it is unlawful for any person, company, association or corporation knowingly to allow any person engaged in conduct which is unlawful pursuant to paragraph (b) of subsection 1 of NRS 207.030, or any owner, operator, agent or employee of a house of prostitution, or anyone acting on behalf of any such person, to advertise a house of prostitution in his place of business.
2. Any person, company, association or corporation that violates the provisions of this section shall be punished:
(a) For the first violation within a 3-year period, by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.
(b) For a second violation within a 3-year period, by imprisonment in the county jail for not less than 30 days nor more than 6 months, and by a fine of not less than $250 nor more than $1,000.
(c) For a third or subsequent violation within a 3-year period, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.".
Amend the title of the bill to read as follows:

"An Act relating to sexual activity; restricting certain advertising that is harmful to minors; restricting certain sexually related forms of entertainment in certain circumstances; restricting the licensing of certain businesses that offer, provide or display certain sexually related forms of entertainment; restricting advertising concerning such businesses; prohibiting certain acts relating to prostitution; providing that certain places in which certain acts relating to prostitution are conducted constitute nuisances; providing penalties; and providing other matters properly relating thereto.".

"Summary--Restricts certain advertising and certain sexually related forms of entertainment in certain circumstances and makes changes regarding certain acts relating to prostitution. (BDR 15-312)".

Senate Bill No. 436.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 628.
Amend section 1, page 1, line 2, by deleting:
"2 and 3" and inserting:
"2, 3 and 4".
Amend the bill as a whole by renumbering sections 4 through 7 as sections 5 through 8 and adding a new section designated sec. 4, following sec. 3, to read as follows:
"Sec. 4. The provisions of NRS 201.256 to 201.265, inclusive, and sections 2, 3 and 4 of this act do not apply to:
1. A university, community college, school, museum or library which is operated by or which is under the direct control of this state or a political subdivision of this state; or
2. An employee or independent contractor of an institution listed in subsection 1, if the employee or independent contractor is acting within the scope of his employment or contractual relationship.".
Amend sec. 4, page 1, line 14, by deleting:
"2 and 3" and inserting:
"2, 3 and 4".
Amend sec. 5, page 2, by deleting lines 2 through 8 and inserting:
"201.265Except [under the circumstances described in] as otherwise provided in section 4 of this act and NRS 200.720, a person is guilty of a misdemeanor [who] if the person knowingly:
1. [Exhibits for sale, sells or loans for monetary consideration] Distributes or causes to be distributed to a minor [,] or exhibits for [sale] distribution to an adult in such a manner or location as to allow a minor to view or have access [for examination any picture, photograph, drawing,".
Amend sec. 5, page 2, by deleting line 11 and inserting:
"sado-masochistic abuse and] to examine material that is harmful to minors [.] , unless the person is the parent, guardian or spouse of the minor.".
Amend sec. 5, page 2, by deleting lines 20 through 25 and inserting:
"3. Exhibits for monetary consideration to a minor, sells]
2. Sells to a minor an admission ticket or pass [or] for or otherwise admits a minor [,] for monetary consideration [, to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse and] to any presentation of material that is harmful to minors, unless the".
Amend sec. 5, page 2, by deleting lines 28 through 33 and inserting:
"minor for the purpose of [obtaining] :
(a) Distributing to the minor material that is harmful to minors; or
(b) Obtaining admission of the minor to any [motion picture, show or any other presentation which] presentation of material that is harmful to minors.
[5.] 4. Misrepresents his age as 18 or over for the purpose of obtaining [admission] :
(a) Material that is harmful to minors; or
(b) Admission to any [motion picture, show or other presentation which] presentation of material that is harmful to minors.".
Senator James moved the adoption of the amendment.
Remarks by Senators James and O'Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 13.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

Assembly Bill No. 165.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 217.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 218.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 294.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 485.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Chamber, Carson City, June 18, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted the report of the first Committee on Conference concerning Senate Bill No. 27.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate amendments to Assembly Bills Nos. 125, 427.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

Senator Mathews requested that her remarks be entered in the Journal.
Thank you, Mr. President. Under Order of Business 16, I want to make the following statement concerning Senate Bill No. 392, Amendment No. 721. In all the dialogue we heard this morning concerning this measure, inadvertently someone mentioned that the "Sky Caps" were running a prostitution service. We are not pimps. I have been in that business for 16 years. I do not run a prostitution service. I have never, ever referred anyone to a hotel room. I want to make that clear for the record.

Senator Raggio moved that the Senate adjourn until Friday, June 20, 1997 at 10:30 a.m.
Motion carried.

Senate adjourned at 1:22 p.m.

Approved:

Lonnie L. Hammargren, M.D.

President of the Senate

Attest: Janice L. Thomas
Secretary of the Senate