SENATE DAILY JOURNAL THE FIFTY-SEVENTH DAY
Carson City (Monday), March 17, 1997
Senate called to order at 10:20 a.m.
President Hammargren presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Ruth Hanusa.
Almighty God, today as we remember the 150th anniversary of the famine in Ireland, keep us mindful of all who are hungry - in body or spirit, but especially those whose stomachs are empty . . . and we ask You to bless those who hold office in this legislative body, that they may do their work in a spirit of wisdom, kindness and justice. Help them to use their authority to serve faithfully and to promote the general welfare. In Your Name we 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.
Mr. President:
Your Committee on Commerce and Labor, to which were referred Senate Bills Nos. 91, 92, 93, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Randolph J. Townsend,
Chairman
Assembly Chamber, Carson City, March 13, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 17.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
By Senators Augustine, Adler, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
By Senators Augustine, Adler, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
By the Committee on Finance:
Senate Bill No. 222--An Act making an appropriation for the Northeastern Nevada Juvenile Center in Elko County; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Finance.
Motion carried.
Senate Bill No. 43.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 53.
Amend sec. 2, page 1, by deleting lines 6 through 8 and inserting:
"notifies the state controller that:
(a) It is impractical or more costly for the employee to receive money electronically; or
(b) The employee is unable to establish an account at a financial institution that accepts an electronic transfer of money.".
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 46.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 52.
Amend section 1, page 1, by deleting line 8 and inserting:
"commissioners has entered into".
Amend section 1, page 1, after line 17, by inserting:
"3. As used in this section, "cultural facility" includes a library.".
Amend the bill as a whole by deleting sec. 2 and renumbering sec. 3 as sec. 2.
Amend the title of the bill by deleting the third, fourth and fifth lines and inserting:
"property of a school district located within the county; and providing other".
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 113.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 55.
Amend the bill as a whole by deleting sections 1 through 4, renumbering sections 5 through 11 as sections 10 through 16 and adding new sections designated sections 1 through 9, following the enacting clause, to read as follows:
"Section 1 Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2 1. The director shall establish a program, to be carried out within each facility and institution, that provides for periodic testing of offenders for use of alcohol and controlled substances. The program must provide that the selection of offenders to be tested for use of alcohol and controlled substances must be made on a random basis.
2. The director shall adopt, with the approval of the board, regulations governing the operation of the program. The regulations must set forth the procedure for testing, including, but not limited to:
(a) The types of tests to be used;
(b) The manner in which a sample for a test is to be obtained;
(c) The persons who are authorized to obtain a sample for a test; and
(d) The method for preserving the chain of custody of a sample obtained for a test.
3. The department shall inform the offenders in each facility and institution of the requirement to submit to a test and the sanctions for refusing or failing to submit to a test and for using alcohol or a controlled substance. The department may provide this information through a general notice posted or distributed in each facility and institution.
4. The department may sanction, pursuant to subsection 5, an offender:
(a) Who refuses or fails to submit to a test;
(b) Whose test detects alcohol or a controlled substance;
(c) Who manufactures, possesses, uses, sells, supplies, provides, distributes, conceals or stores alcohol or a controlled substance; or
(d) Who attempts to manufacture, possess, use, sell, supply, provide, distribute, conceal or store alcohol or a controlled substance.
5. In addition to any other sanction or penalty that may be imposed pursuant to law or regulation, an offender who violates subsection 4 may be sanctioned by:
(a) Forfeiture of all deductions of time earned by the offender before commission of the violation or forfeiture of such part of those deductions as the director considers just, pursuant to NRS 209.451; and
(b) Denial of the privilege to have visitors for a specified period, as determined by the director.
6. If alcohol or a controlled substance is found in a facility or institution, the director may order that for a specified period:
(a) The offenders housed in the general area where the alcohol or controlled substance is found; or
(b) All offenders in the facility or institution,
be confined to their cells or housing units or be denied the privilege to have visitors, or both.
7. The establishment of the program to test offenders for use of alcohol and controlled substances pursuant to this section does not affect the right or procedures of the department to test an offender for use of alcohol or a controlled substance for any other lawful purpose or reason.
Sec. 3 As used in sections 3 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4, 5 and 6 of this act have the meanings ascribed to them in those sections.
Sec. 4 "Criminal gang" has the meaning ascribed to it in NRS 213.1263.
Sec. 5 "Item of correspondence" means a book, magazine, newsletter, bulletin, pamphlet, sound recording, audiotape, compact disc, computer program, device for the storage of computer data, video game, video medium, film, photograph, drawing or other similar item as determined by the director. The term does not include an item of correspondence that is deemed to be privileged correspondence by the director.
Sec. 6 "Video medium" means a motion picture, videotape, videodisc or other similar medium as determined by the director.
Sec. 7 The director shall adopt regulations that prohibit a facility or institution from providing offenders with access to programming on television or a video medium unless the programming consists of:
1. Educational or instructional programming;
2. Religious programming;
3. Sports programming;
4. Programming that is designed specifically for use by correctional facilities and institutions; or
5. Entertainment programming which is not detrimental to the rehabilitation of offenders and which does not have the potential to disrupt security or promote violence or disorder in the facility or institution because the subject matter:
(a) Is sexually explicit;
(b) Is graphically violent; or
(c) Encourages or glamorizes:
(1) Crime;
(2) The activities of a criminal gang; or
(3) Violence against law enforcement, women, children or members of a particular religion, ethnic group or race.
Sec. 8 1. The director shall adopt, with the approval of the board, regulations establishing and governing a program, to be carried out within each facility and institution, to prevent an offender from possessing or receiving an item of correspondence which is detrimental to his rehabilitation or which has the potential to disrupt security or promote violence or disorder in the facility or institution because the subject matter of the item:
(a) Is sexually explicit;
(b) Is graphically violent; or
(c) Encourages or glamorizes:
(1) Crime;
(2) The activities of a criminal gang; or
(3) Violence against law enforcement, women, children or members of a particular religion, ethnic group or race.
2. The regulations must provide that if an offender is prohibited from possessing or receiving an item of correspondence pursuant to this section, the offender possessing or receiving the item of correspondence must be provided with notice of the determination and an opportunity to appeal the determination. An appeal may be summarily denied if the appeal involves an item of correspondence that is similar to an item of correspondence that previously has been prohibited.
3. The establishment of the program to review items of correspondence pursuant to this section does not affect the right or procedures of the department to review materials possessed or received by an offender, including items of correspondence, for any other lawful purpose or reason.
Sec. 9 The department and its officers, employees and independent contractors are immune from liability for damages arising from an act or omission that allows an offender to:
1. Have access to programming on television or a video medium that is prohibited pursuant to section 7 of this act; or
2. Possess or receive an item of correspondence that is prohibited pursuant to section 8 of this act.".
Amend sec. 5, page 4, by deleting lines 34 through 37 and inserting:
"program, program of training in life skills or program of employment. Each evaluation of an offender conducted pursuant to this subsection must be:
(a) Presented to the state board of parole commissioners when the offender applies or is considered for parole; and
(b) Compiled as data for a report relating to participation and progress by offenders in programs offered by the department. The department shall provide this report to the legislature at the beginning of each regular session and at other times when requested.".
Amend sec. 6, page 5, line 11, after "practicable," by inserting:
"as determined by the director,".
Amend sec. 6, page 5, by deleting lines 15 through 19 and inserting:
"(b) Improving human relationships, including improving skills relating to managing anger;
(c) Improving skills relating to communication;
(d) Maintaining emotional and physical health;
(e) Understanding and preventing the victimization of others;
(f) Understanding and preventing domestic violence;
(g) Understanding and preventing abuse of alcohol and drugs; and
(h) Budgeting, consumerism and personal finances.".
Amend sec. 6, page 5, by deleting line 26 and inserting:
"pursuant to NRS 209.425 or who is assigned to a level of custody or classification that makes it impracticable, as determined by the director, for the offender to participate in a program of general education, vocational training or training in life skills. The provisions of this subsection do not create a right on behalf of the offender to participate in a program of general education, vocational training or training in life skills and do not establish a basis for any cause of action against the state or its officers or employees for denial of the ability to participate in a program of general education, vocational training or training in life skills.".
Amend sec. 8, page 7, line 39, by deleting "employment;" and inserting:
"employment to which he has been assigned; or".
Amend sec. 8, page 7, by deleting line 40.
Amend sec. 8, page 7, line 41, by deleting "(f)" and inserting "(e)".
Amend sec. 8, page 8, line 16, by deleting "confinement," and inserting:
"confinement [,] or if an offender violates subsection 4 of section 2 of this act,".
Amend sec. 10, page 10, by deleting lines 17 through 30 and inserting:
"212.187 1. [It is unlawful for:
(a)] A prisoner who is in lawful custody or confinement [to engage voluntarily] , other than residential confinement, who voluntarily engages in sexual conduct with [a person who has custody of him or an employee of the institution in which he is confined; or
(b)] another person is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. A person who [has custody of a prisoner or who is an employee of an institution in which a prisoner is confined, to engage] voluntarily engages in sexual conduct with a prisoner [.
2.] who is in lawful custody or confinement, other than residential confinement, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. As used in this section, " sexual [conduct means] conduct":
(a) Includes acts of masturbation, homosexuality, sexual intercourse or physical contact with [another's] another person's clothed or unclothed genitals or pubic area [.] to arouse, appeal to or gratify the sexual desires of a person.
(b) Does not include acts of a person who has custody of a prisoner or an employee of the institution in which the prisoner is confined that are performed to carry out the necessary duties of such a person or employee.".
Amend sec. 11, page 10, line 31, by deleting "10" and inserting "15".
Amend the title of the bill to read as follows:
"An Act relating to offenders; providing for the random testing of offenders for use of alcohol or controlled substances; restricting certain activities and the possession of certain items by offenders; requiring participation by certain offenders in programs of education, training and rehabilitation; providing for the evaluation of an offender's progress in such programs; prohibiting sexual conduct between an offender and another person in certain situations; providing a penalty; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"Summary--Makes changes to provisions governing certain offenders in custody or confinement. (BDR 16-73)".
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 147.
Bill read second time and ordered to third reading.
Assembly Bill No. 63.
Bill read second time and ordered to third reading.
Senate Bill No. 9.
Bill read third time.
Remarks by Senator O'Donnell.
Roll call on Senate Bill No. 9:
Yeas--21.
Nays--None.
Senate Bill No. 9 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 18.
Bill read third time.
Roll call on Senate Bill No. 18:
Yeas--21.
Nays--None.
Senate Bill No. 18 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 37.
Bill read third time.
Remarks by Senator Adler.
Roll call on Senate Bill No. 37:
Yeas--21.
Nays--None.
Senate Bill No. 37 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 53.
Bill read third time.
Roll call on Senate Bill No. 53:
Yeas--21.
Nays--None.
Senate Bill No. 53 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 90.
Bill read third time.
Roll call on Senate Bill No. 90:
Yeas--21.
Nays--None.
Senate Bill No. 90 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 166.
Bill read third time.
Roll call on Senate Bill No. 166:
Yeas--20.
Nays--Neal.
Senate Bill No. 166 having received a constitutional majority, Mr. President declared it passed.
Bill ordered transmitted to the Assembly.
On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Richard Blakemore and Monte Fast.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Chris Cailliet and Dottie Cailliet.
On request of Senator O'Donnell, the privilege of the floor of the Senate Chamber for this day was extended to Saint Francis De Sales School Teachers: Mrs. Linda Mazurek and Ms. Brigid Wilson;-seventh and eighth grade students, Brandon Bieman, Joseph Brown, Mackenzie Castillo, John Comdemi, Elena del Villar, Carl Escalona, Rachel Field, Christopher Fitch, Kimberly Flynn, Julie Friedrich, Caryn Geiger, Laura Goldstein, Bonnie Hughes, Nicholas Hughes, Vincent Iorii, Sarah Kesgomol, Kevin Kocienski, Nicolette Lacson, Helen Margulis, Linda Mazurek, Lisette Mora, Colleen O'Donnell, Roy Olaer, Jessica Pulido, Nicole Riley, Ashley Romano, Ashley Skinner, Cayla Tyndall, Robin White, Brigid Wilson, Elizabeth Wolak, Monica Wuebker, Julianne Alexander, Joseph Anderson, Jessica Brown, Tawny Cole, Marissa Comastro, Krista Coulter, Mathew Davis, Mary del Villar, Raymond Flynn, Jill Friedrich, Adam Hughes, Michael Kalman, Joseph Lao, Nicole Lionakis, Nichola Lourenco, Danielle Margulis, Adam Marshall, Brandan Marstellar, Timothy Moyer, Ryan O'Malley, Natalia Romo, Mark Ross, Susan Schoonover, Matthew Sears, Chelsea Sedoti, Joel Vasconcellos, Sharene Wergin, Brittany White, James Wicks Stephens, Brian Witter and Miranda Wyatt.
On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Susan Wilcox.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Mr. Mack King and Dr. F. Sherwood Rowland.
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Dr. Jarka Mikulecka, Dr. Roman Prymula, Dr. Leos Heger, Dr. Taranick, Colleen Taranick and Petr Pirozek.
On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to Jason Roland.
Senator Raggio moved that the Senate adjourn until Wednesday, March 19, 1997 at 11 a.m.
Motion carried.
Senate adjourned at 11:41 a.m.
Approved:
Lonnie L. Hammargren, M.D.
President of the Senate
Attest: Janice L. Thomas
Secretary of the Senate