NEVADA LEGISLATURE

Sixty-ninth Session, 1997

SENATE DAILY JOURNAL

THE FORTY-FIFTH DAY

Carson City (Wednesday), March 5, 1997

Senate called to order at 10:58 a.m.
President Hammargren presiding.
Roll called.
All present except Senator Regan, who was excused.
Prayer by the Chaplain, The Reverend Ken Haskins.
Our loving, heavenly Provider, provide for these servants of Yours and of the people every good and perfect gift necessary to perform well the tasks set before them. In Jesus' Name I pray.

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.

MOTIONS, RESOLUTIONS AND NOTICES

The Sergeant at Arms announced that Assemblymen de Braga and Marvel were at the bar of the Senate. Assemblyman Marvel invited the Senate to meet in Joint Session with the Assembly to hear an address by Chief Justice Shearing.
The President announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 11:01 a.m.

IN JOINT SESSION

At 11:06 a.m.
President Hammargren presiding.

The Secretary of the Senate called the Senate roll.
All present except Senator Regan, who was excused.

The Chief Clerk of the Assembly called the Assembly roll.
All present except Assemblyman Ernaut, who was excused.

The President appointed a Committee on Escort consisting of Senator Washington and Assemblywoman Giunchigliani to wait upon the Justices of the Nevada Supreme Court and escort them to the Assembly Chamber.

The President appointed a Committee on Escort consisting of Senator James and Assemblywoman Buckley to wait upon Miriam Shearing, Chief Justice of the Nevada Supreme Court and escort her to the Assembly Chamber.

The Committee on Escort escorted the Chief Justice to the rostrum.

Justice Shearing delivered her message as follows:

message to the legislature of nevada
sixty-ninth session, 1997

(Insert Speech)

Senator O'Connell moved that the Senate and Assembly in Joint Session extend a vote of thanks to Chief Justice Shearing for her message.
Motion carried.

The Committee on Escort escorted Justice Shearing to the bar of the Assembly.

Senator Shaffer moved that the Joint Session be dissolved.
Motion carried.

Joint session dissolved at 12 m.

SENATE IN SESSION

At 12:02 p.m.
President pro Tempore Jacobsen presiding.
Quorum present.

REPORTS OF COMMITTEES

Mr. President pro Tempore:
Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 72, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Randolph J. Townsend,

Chairman

Mr. President pro Tempore:
Your Committee on Judiciary, to which was referred Assembly Bill No. 89, 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 pro Tempore:
Your Committee on Transportation, to which was referred Senate Bill No. 129, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William R. O'Donnell,

Chairman

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Natural Resources:
Senate Bill No. 165--An Act relating to recreational activities; regulating the use of belly boats and float tubes; authorizing the testing of operators of belly boats or float tubes to detect the presence of alcohol or a controlled substance; providing a penalty; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Natural Resources.
Motion carried.

By the Committee on Commerce and Labor:
Senate Bill No. 166--An Act relating to employment agencies; revising provisions governing the limitation on fees charged by such agencies; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

By the Committee on Commerce and Labor:
Senate Bill No. 167--An Act relating to deceptive trade practices; providing that the failure to produce upon the request of the attorney general evidence that substantiates claims constitutes a deceptive trade practice; authorizing the attorney general to issue subpoenas and make investigative demands for the purpose of investigating deceptive trade practices; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.

By Senators O'Connell and Washington:
Senate Bill No. 168--An Act relating to education; requiring that pupils be instructed in certain additional subjects relating to American government; requiring public schools to comply with certain provisions of federal law governing the release and elicitation of certain information concerning pupils; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

By Senator Adler:
Senate Bill No. 169--An Act relating to courses of study; providing for independent study by pupils of high schools; and providing other matters properly relating thereto.
Senator Adler moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

By the Committee on Finance:
Senate Bill No. 170--An Act making an appropriation to the Department of Museums, Library and Arts to complete the automation of the department and upgrade certain obsolete equipment; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 171--An Act relating to state financial administration; making an appropriation and revising the reversion for certain previously appropriated money to restore the balance in the contingency fund; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 172--An Act making an appropriation to restore the balance in the reserve for statutory contingency account; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 173--An Act making an appropriation to restore the balance in the stale claims account; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 174--An Act making an appropriation to the Governor's Mansion for the repair or replacement of furniture and equipment; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 175--An Act making an appropriation to restore the balance in the emergency account; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 176--An Act making a supplemental appropriation to the Department of Human Resources for the additional costs of the care of patients in the Southern Nevada Adult Mental Health Services Program; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 177--An Act making an appropriation from the state highway fund to the Department of Motor Vehicles and Public Safety for the conversion of the VHF portable radios of the Nevada Highway Patrol from low band to high band; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 178--An Act making a supplemental appropriation to the Division of Child and Family Services of the Department of Human Resources for the cost of transporting a youth in the custody of this state; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 179--An Act making an appropriation to the special account for intergovernmental activities for expenses related to the 1998 Annual Meeting of the National Conference of State Legislatures in Las Vegas; requiring repayment of the appropriated money after the conference is held; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 180--An Act making an appropriation to the Department of Administration for the costs of converting existing information systems of state agencies to systems that will function in the new millennium; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 181--An Act making an appropriation from the state highway fund to the Department of Motor Vehicles and Public Safety for computer hardware and software for the new facility in Henderson; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 182--An Act making an appropriation to the Lied Discovery Children's Museum in Las Vegas for the expansion of the Early Childhood Exhibit and creation of the Parent Resource Center; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 183--An Act making an appropriation for the costs of automation of the Division of Parole and Probation of the Department of Motor Vehicles and Public Safety; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 184--An Act making an appropriation to the Department of Motor Vehicles and Public Safety for the conversion of VHF portable radios from low band to high band; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 185--An Act making an appropriation to the Department of Human Resources for the remodeling of the canteen for the Southern Nevada Adult Mental Health Services; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 186--An Act making an appropriation to the Office of the Lieutenant Governor for office equipment; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By the Committee on Finance:
Senate Bill No. 187--An Act making an appropriation to the fund to stabilize the operation of the state government; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

By Senator Jacobsen:
Senate Bill No. 188--An Act relating to emergency management; creating an emergency contingency fund to provide assistance in the event of a natural or technological emergency or disaster; providing for the administration of the fund; making an appropriation; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs and re-referred to the Committee on Finance.
Motion carried.

By the Committee on Legislative Affairs and Operations:
Senate Bill No. 189--An Act relating to state government; authorizing the legislative auditor to request payment from the department of administration for the cost of conducting a single audit when federal law requires the State of Nevada to conduct such an audit; authorizing the legislative auditor to submit a final audit report to the appropriate federal agency before presenting it to the audit subcommittee; and providing other matters properly relating thereto.
Senator Augustine moved that the bill be referred to the Committee on Legislative Affairs and Operations.
Motion carried.

By the Committee on Judiciary:
Senate Bill No. 190--An Act relating to children; authorizing a court to issue an ex parte order under certain circumstances for the physical custody of a minor child; authorizing a court in certain circumstances to waive the period of notice otherwise required before a person who is awarded physical custody of a minor child may obtain physical custody of that child; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By the Committee on Judiciary:
Senate Bill No. 191--An Act relating to criminal procedure; revising provisions governing the transmittal of the report of a presentence investigation to the department of prisons; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 80.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 24.
Amend the bill as a whole by deleting sections 1 through 4, renumbering sec. 5 as sec. 8, and adding new sections designated sections 1 through 7, 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 7, inclusive, of this act.
Sec. 2 As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3 "Older person" means a person who is at least 60 years of age.
Sec. 4 1. "Vulnerable person" means a person who:
(a) Has a physical or mental impairment that substantially limits one or more of the major life activities of the person; and
(b) Has a medical or psychological record of the impairment or is otherwise regarded as having the impairment.
2. The term includes, but is not limited to, a person who:
(a) Is mentally retarded;
(b) Has a severe learning disability;
(c) Suffers from a severe mental or emotional illness; or
(d) Suffers from a terminal or catastrophic illness or injury.
Sec. 5 If a person:
1. Willfully and without justification inflicts pain, injury or mental anguish on an older person or vulnerable person;
2. Intentionally deprives an older person or vulnerable person of food, shelter, clothing or services that are necessary to maintain the physical or mental health of the older person or vulnerable person; or
3. Who has assumed legal responsibility or a contractual or voluntary obligation for the care of an older person or vulnerable person fails to provide him with food, shelter, clothing or services that are necessary to maintain the physical or mental health of the older person or vulnerable person,
and the older person or vulnerable person suffers an illness, injury or death as a result of such wrongful conduct, the person who caused the illness, injury or death is liable in treble damages to the older person or vulnerable person, or the estate of the older person or vulnerable person, for all injury and damage sustained as a result of the wrongful conduct.
Sec. 6 1. A person who obtains control over the money, assets or property of an older person or vulnerable person:
(a) Through deception, intimidation or wrongfully overcoming the free will of the older person or vulnerable person; or
(b) By taking advantage of his physical, mental or emotional condition,
with the intent of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his money, assets or property, is liable in treble damages to the older person or vulnerable person for any loss sustained as a result of the wrongful conduct.
2. In determining whether the free will of an older person or vulnerable person has been wrongfully overcome, the trier of fact shall consider, without limitation:
(a) The relationship of the older person or vulnerable person to the person who caused the injury;
(b) Whether the older person or vulnerable person and the person who caused the injury sought independent advice and if so, whether such advice was or should have been followed;
(c) Whether the older person or vulnerable person was isolated from other people by the person who caused the injury; and
(d) The prudence of the gift or transaction in relation to the entire net worth of the older person or vulnerable person.
3. For the purposes of this section:
(a) The normal influence that one family member has over another does not result in the free will of a person being wrongfully overcome.
(b) It is presumed that the free will of an older person or vulnerable person was overcome if the older person or vulnerable person is determined to have been mentally confused or incompetent at the time that he lost control over his money, assets or property.
Sec. 7 1. If it is determined that a person:
(a) Is liable for treble damages pursuant to section 5 or 6 of this act; and
(b) Is employed by another person who was responsible for his conduct at the time that he engaged in the wrongful conduct,
the employer is jointly and severally liable for the treble damages imposed pursuant to those sections.
2. If it is established by a preponderance of evidence that a person who is liable for treble damages pursuant to section 5 or 6 of this act acted with recklessness, oppression, fraud or malice, the court shall order the person to pay the attorney's fees and costs of the person who brought the lawsuit. If attorney's fees and costs are awarded pursuant to this subsection, the money recovered from the person who is liable for treble damages must be distributed in the following order of priority:
(a) To the person who brought the lawsuit, until that person's actual damages and costs have been paid; and
(b) To the person who brought the lawsuit and to his attorney in equal amounts, until the remaining damages and the attorney's fees awarded pursuant to this subsection have been paid.".
Amend the title of the bill to read as follows:
"AN ACT relating to civil actions; making a person who abuses, neglects or exploits certain older persons or vulnerable persons liable in treble damages for any loss or damage sustained by the older person or vulnerable person; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"Summary--Makes person liable in treble damages for abuse, neglect or exploitation of certain older persons or vulnerable persons. (BDR 3-613)".
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. 78.
Bill read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Senate Bills Nos. 11, 68, 84, 98, 141, be taken from the General File and placed on General File for the next legislative day.
Remarks by Senator Raggio.
Motion carried.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to teachers Mrs. Marlene Cate, Mrs. Diana Ghio and Mr. Pat Martinez and the following chaperones Mrs. Laura Rice, Mrs. Allison Judge and Mrs. Christie Kroll and the following students from Roy Gomm Elementary School in Reno: Jennifer Benoit, Zander Budge, Ben Burke, Brian Daines, Robin Dietrich, Heather Donohue, Alisha Fennelly, Will Frazer, Dustin Hendricks, Gabe Hulsey, Chad Jensen, Parker Johnson, Philippa Lockwood, Ashley McDermid, Keenan McKavanagh, Spencer Okada, Sarah Rosenbloom, Brooke Siem, Sandy Smith, Jaime Towell, Christina Venturacci, Katie Vicks, Kyle Wolf, Elisabeth Bartlett, Jared Betrand, Cameron Clavert, Yue Chen, Tyler Cirac, Jon Dodd, Travis Giannini, Erica Hamilton, Elizabeth Harris, Greg Hegedus, Drew Jamieson, Elizabeth Jenkins, Shelby Kemper, Sebastian Lucas, Danielle Mefford, Cory Nelson, Ben Ralph, Radhika Siddharthan, Amy Spitzer, Tina Vail, Kenny Van Woert, Drew Walker, Colby Whittey, Alex Young, Tyler Abbott, Zack Anderson, Andrew Barba, Jessica Ceccarelli, Katie Coughlin, Candace Darkis, Kevin Gorham, Sarah Griffin, Laura Jacobsen, Katie Judge, Kara Kroll, Michael Lee, Dominic Licata, Daniel McKee, Katie Riley, Joe Rosa, Laura Scarselli, Megan Smith, George Stewart, Patricia Tartaglia and Gabe Taylor.

Senator Raggio moved that the Senate adjourn until Thursday, March 6, 1997 at 11 a.m., and that it do so in memory of former Speaker of the Assembly, Chester S. "Chet" Christensen, Marjorie Ann Russell and former Chief Justice of the Nevada Supreme Court, John Mowbray.
Motion carried.

Senate adjourned at 12:19 p.m.

Approved:

Lawrence E. Jacobsen.

President pro Tempore of the Senate
Attest: Janice L. Thomas
Secretary of the Senate