NEVADA LEGISLATURE

Sixty-ninth Session, 1997

SENATE DAILY JOURNAL

THE SIXTY-SIXTH DAY

Carson City (Wednesday), March 26, 1997

Senate called to order at 1108 a.m.
President Hammargren presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Marvin Dennis.
Our Heavenly Father, every day is a special day and You have taught us in Your Word that Your mercies are new every morning. Thank You for this holy time of the year when our thoughts turn to You in a special way. For some the celebration of the passover and deliverance from Egypt. For others the celebration of the death, burial and resurrection of the Lord Jesus Christ. Regardless of our background or who we are, I ask that You bring us together in love and understanding for the good of our land, our families, our personal lives and Your kingdom. I pray You will meet the need of each Senator during this special time of the year as we worship You.

Amen.

Pledge of allegiance to the Flag.

Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.

REPORTS OF COMMITTEES

Mr. President:
Your Committee on Government Affairs, to which was referred Senate Bill No. 71, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ann O'Connell,

Chairman

Mr. President:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 124, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Ann O'Connell,

Chairman

Mr. President:
Your Committee on Judiciary, to which were referred Senate Bill No. 123; Assembly Bills Nos. 39, 60; Assembly Joint Resolutions Nos. 17. 33 of the 68th Session, 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 Bill No. 189, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Kathy Augustine,

Chairman

Mr. President:
Your Committee on Natural Resources, to which were referred Senate Bill No. 27; Senate Joint Resolutions Nos. 6, 8, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Dean A. Rhoads,

Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, March 25, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 9.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to concur in the Senate amendment to Assembly Bill No. 224.
Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

UNFINISHED BUSINESS
RECEDE FROM SENATE AMENDMENTS

Senator Raggio moved that the Senate do not recede from its action on Assembly Bill No. 224, that a conference be requested, and that Mr. President appoint a first Committee on Conference consisting of three members to meet with a like committee of the Assembly .
Remarks by Senator Raggio.
Motion carried.

APPOINTMENT OF CONFERENCE COMMITTEES

Mr. President appointed Senators Rawson, O'Donnell and Regan as a first Committee on Conference to meet with a like committee of the Assembly for the further consideration of Assembly Bill No. 224.

MOTIONS, RESOLUTIONS AND NOTICES

By Senators Raggio, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Regan, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Senate Concurrent Resolution No. 23--Memorializing former Nevada Legislator and journalist Walter Cox.

Whereas, The members of this legislative body note with sadness the passing of Walter Cox, a man who spent a lifetime serving the people of this state; and
Whereas, Walter Cox was a native Nevadan, who was born on September 24, 1900, in Virginia City, Nevada, to Franklin F. and Elizabeth McEvoy Cox; and
Whereas, Walter Cox moved to Yerington in 1906 where his father worked for the Yerington Times; and
Whereas, His father purchased the Mason Valley News in 1919 and the Yerington Times in 1932, and soon combined the two newspapers into one publication; and
Whereas, Walter Cox learned the printing trade at an early age and eventually became the owner, editor-publisher, columnist and janitor of the Mason Valley News; and
Whereas, His outstanding literary skills were expressed with a journalistic flair in "Cox's Column," which ran weekly in the Mason Valley News until his retirement in 1990; and
Whereas, Walter Cox, often referred to as the "Sage of Pizen Switch," spent over 50 years married to the love of his life, Vivian, who preceded him in death on May 7, 1989; and
Whereas, Walter Cox served this state as a member of both the Nevada State Senate and Assembly, the Nevada Gaming Commission, the Nevada Planning Commission and the Yerington City Council; and
Whereas, Walter Cox served as President of the Nevada State Press Association and later enjoyed lobbying in the Nevada Legislature on behalf of the Association; and
Whereas, Walter Cox is survived by his daughter, Carol Ann Green of Rexford, New York, and his son, Gary Cox of Mercer Island, Washington; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 69th session of the Nevada Legislature do hereby extend their sincere condolences to the family and friends of a truly gifted native Nevadan; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Walter Cox's surviving children, Carol Ann Green and Gary Cox.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio, McGinness, Adler and Jacobsen.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Raggio:
Thank you, Mr. President. We pause today, as is our custom, to honor someone who has served in this body in previous days. I think it is a significant resolution we have before us today because we not only honor a former Nevada Legislator, but also one who was certainly a distinguished Nevadan.
I do not know how many of you in this body actually knew Walter Cox. If you did not know Walter Cox, then you missed a wonderful opportunity to meet a real curmudgeon. Walter Cox, a native Nevadan, was born at the turn of the century, moved to Yerington in 1906 and over the years earned the title of "The Sage of Pizen Switch." He minced no words. He came up the hard way in the newspaper business. I suggest that might be a good way for the people of the press today to come up in the trade. As you can see, in this resolution, he did every job such as owner, editor, columnist and janitor. The guy really knew the newspaper business, but he also contributed a great deal to his community. He was a member of the city council. Later, after his legislative service, he served on the Gaming Commission during the years when gaming was in a transitional phase in this state. He saw gaming grow from a small industry to the industry that it is today.
One thing about Walter Cox, he always had some opinion on any subject that came up. I can tell you that his opinion often differed from mine on issues, but he was a gentleman, he let you know his thinking and he made a significant contribution.
I asked the Research Division to go a little bit beyond what is contained in this resolution in order for you to understand what he did contribute to the legislature. He died in Yerington on November 15, 1996 at the ripe old age of 95 years. Walter was active up until almost the end. Sixty-seven years earlier, at the age of 28, Walter Cox was first elected to the Nevada Legislature. After serving in the Assembly during the 1929 session, Walter Cox did not return to the Nevada Legislature until he was elected to the Senate in 1940. He served with distinction in the Senate for the next eight years. During his years in the Senate, he chaired a number of committees. You might be interested in the following names of the committees at that time: the Senate Committee on Mileage, the Senate Committee on Printing, the Senate Committee on Railroads, Internal Improvements and Manufacturing, the Senate Committee on Agriculture, the Senate Committee on Federal Relations and one we may re-establish, the Senate Committee on Public Morals. It was exactly 50 years ago that Walter Cox was selected as Nevada's first Chairman of the Committee on Finance. Prior to the 1947 session, that committee was known as the Senate Committee on Ways and Means. During that time, he co-sponsored a number of important bills. One of those, in the 1945-1947 period, was the creation of the Legislative Counsel Bureau. As a little bit of history, when they established it, they did so because the length of time of the session was short. They did not work here without getting paid. They wrapped up the session within 60 days. They recognized that, during the session, I am reading from the preamble of the bill, "the body was confronted by requests for expanding and changing the functions of and increasing appropriations for numerous offices, departments, etc. and not withstanding the information provided by the messages and the budget of the Governor and the reports of public officers, it is impossible for the Legislature to secure sufficient information to act advisably on these requests in the time limited." So, this created the Legislative Counsel Bureau. In 1947, they sponsored the bill. At the time, 1945-46, you might be interested in knowing that LCB was governed by one Senator, one Assemblyman and with the Governor of Nevada as its chairman. It did not take long for Walter Cox and his fellow legislators to recognize the problems associated with that kind of a structure. I think sometimes the sitting governor's think that they are still in that position. In 1947, as a result, his Committee on Finance successfully sponsored the bill which removed the governor's position from the policy position on the Legislative Counsel Bureau. That was enacted 50 years ago on March 24, 1947. So, Walter Cox, as Chairman of the Finance Committee, was responsible for the staffing of the Legislative Counsel Bureau which we have today.
For all these reasons, I think it is appropriate that we pause in memory of a very distinguished Nevadan, a former legislator, distinguished newsman, distinguished city councilman and one who made a significant effort to the State of Nevada.

Senator McGinness:
Thank you, Mr. President. When I first ran for the Senate in 1992, I had the very good fortune of stumbling into a meeting between Mr. McCloskey of the Mineral County Independent and Mr. Cox. I followed Walter on the highway where he pulled in front of me near Schurz. I followed him around the cliff and passed him before entering the town. I made my way to the offices of the Mineral County Independent where I found these two curmudgeons in the office. I only wish I had a tape recording of their conversation.
First of all, Mr. Cox told me that it was a two cigar trip from Yerington to Hawthorne, in his vehicle. Since I was running for the Senate for the first time, they proceeded to give me some advice on how to campaign for office. I can't remember which gave which advice so I don't want to slander either one of them, but they told me that probably one of the best ways to campaign and get the vote of the state workers was to make sure that you had plenty of half-pint bottles of whiskey in the back of your car. They told me that when I came upon road crews, I could stop and pass out these half-pints of whiskey. The second tip was that, when you enter a town you are not quite sure of, you should find out which is the most popular bar and go to it the next morning around 10:30 or 11:00 o'clock when no one is there. You should tell the bartender that you wanted to buy everyone a drink, but there was no one there at that time. Then, give the bartender $20 and tell him to buy a round when everyone shows up. Of course, they said, the bartender would put the money in his pocket, but he would say good things about you for the rest of the campaign. Those are two campaigning tips I received from the collaboration of Mr. Cox and Mr. McCloskey. I am still deciding which community in which to put them into practice. I still have not gotten the half-pints of whiskey, but I do not think it such a bad idea.
As I said before, I only wish I had a tape recording of that conversation as it would be worth a lot. I am very happy to support this resolution honoring Walter Cox.

Senator Adler:
Thank you, Mr. President. I had the pleasure of meeting Walter Cox on several occasions since he was from my district. He was a charming, witty individual. I recall a couple of instances, one of which was on campaign advice. He sort of indicated to me that he thought it silly that we were spending money erecting large signs and advertising. He stated that, in the old days, when they campaigned they just made sure they hit all the main bars in town, bought a few drinks and made sure everyone knew who you were. It seemed to work fine for him during all those years. He suggested that we get back to the same campaign technique. The other incidence, I recall we had "Old-timers Day" and attended a luncheon at the Governor's mansion. I found Walter out on the front porch smoking a cigar because they would not let him smoke in the mansion. He really was a very witty and enjoyable character.

Senator Jacobsen:
Thank you, Mr. President. Walter Cox was special to me. When you start as a freshman legislator, I am reminded that Walter was one of those kinds of guys like my colleague sitting next to me who always wants to borrow $20. When I first came to the Assembly, someone thought it would be a good idea if I introduced a bill to stop the publishing of all the County Claims in the local newspapers. I thought that sounded reasonable since I thought it a waste of time. Suddenly, Walter Cox and Jack McCloskey came over to the old chamber and, each taking me by the arm, told me that I just could not do that. I told them I thought it a reasonable approach since the local newspapers went to the expense of publishing these accounts which no one bothered to read. What a lesson I got. That bill surfaced for a number of years and I think, after awhile, it was introduced for the sole purpose of getting Walter Cox and Jack McCloskey over here. In those days, you did not have to report it if someone took you to lunch and they were always good for a free lunch.
One time we were at a social function and Walter Cox introduced my wife as Mrs. Black. Where he got that from I don't know, but she remained Mrs. Black until the day he passed away. Every time he saw us, he took pride in calling her Mrs. Black even though I never found out the reason for it. When you think back to some of these oldtimers and what they gave to the state, you can consider yourselves very fortunate. I certainly rise in support of this resolution.
Senator Raggio moved that all rules be suspended and that Senate Concurrent Resolution No. 23 be immediately transmitted to the Assembly.
Motion carried.
Resolution adopted.

Assembly Concurrent Resolution No. 9.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio and Adler.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Raggio:
Thank you, Mr. President. It has been traditional at the Legislature to designate the day for E Clampus Vitus to have their day at the Legislature. This resolution comes to us from the Assembly. A number of the members of the Legislature, in each house, are members of this organization. E Clampus Vitus has a long and outstanding history of preservation and designation of historic sites. I think it appropriate that we recognize their efforts and that we welcome them here on April 16.

Senator Adler:
Thank you, Mr. President. I rise in support of this resolution. I think that E Clampus Vitus has been vitally important to the State of Nevada. We are having the initiation day on April 16, so any of the persons here of the male persuasion who have not yet joined are invited to do so. I am sure we can find a sponsor for you. I know some people are critical of this organization because it only has male members. If you went to some of the meetings, you might not want to join anyway. I think E Clampus Vitus, as stated by the Majority Leader, has put up more historical plaques in the west than any other historical organization and has served the purpose well.
Resolution adopted.

INTRODUCTION, FIRST READING AND REFERENCE

By Senators Wiener, James, Adler, Coffin McGinness, Porter, Schneider, Titus and Washington.:
Senate Bill No. 237--An Act relating to crimes; providing an additional penalty for crimes committed with the assistance of a minor; and providing other matters properly relating thereto.
Senator Wiener moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By Senator Titus:
Senate Bill No. 238--An Act relating to insurance; providing for recovery from an insurer of damages arising under a policy covering a deceased beneficiary; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By the Committee on Judiciary:
Senate Bill No. 239--An Act relating to courts; authorizing a justice of the peace and a municipal court judge to suspend the sentence of a person convicted of a misdemeanor that constitutes domestic violence for not more than 3 years under certain circumstances; 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. 240--An Act relating to commercial transactions; revising articles 5 and 8 of the Uniform Commercial Code; 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 Finance:
Senate Bill No. 241--An Act relating to education; requiring the department of education to evaluate the performance of public schools; requiring certain notice of the evaluation of a school; placing a school under certain circumstances on academic probation based upon its evaluation; requiring the governor under certain circumstances to establish a panel to review the academic probation of a school; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 31.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 90.
Amend section 1, page 1, by deleting lines 12 through 15 and inserting:
"2. A person who is guilty of petit larceny is guilty of a misdemeanor. In addition to any other penalty, the court shall order the person to pay restitution.
3. Except as otherwise provided in subsection 4, if a person is convicted of petit larceny and within the 3 years immediately preceding and including the date of that conviction, the person is or has been convicted of petit larceny two other times, the court, in addition to any other penalty:
(a) Shall sentence the person to a term of imprisonment of not less than 60 days nor more than 6 months; and
(b) Shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the person serve a term of imprisonment of not less than 60 days.
4. If a person is convicted of petit larceny and within the 3 years immediately preceding and including the date of that conviction, the person is or has been convicted of petit larceny three or more other times, the court, in addition to any other penalty:
(a) Shall sentence the person to a term of imprisonment of not less than 60 days nor more than 6 months;
(b) Shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the person serve a term of imprisonment of not less than 60 days; and
(c) Shall impose a fine of at least $500.
5. The provisions of subsections 3 and 4 do not affect the provisions of any other statute providing for a more severe penalty for a first or subsequent conviction of petit larceny.".
Amend the title of the bill to read as follows:
"An Act relating to crimes; increasing the penalty for petit larceny in certain circumstances; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"Summary--Increases penalty for petit larceny in certain circumstances. (BDR 15-946)".
Senator Adler moved the adoption of the amendment.
Remarks by Senator Adler.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 99.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 91.
Amend sec. 2, page 1, line 4, after "public" by inserting:
"and are especially dangerous to children".
Amend sec. 2, page 1, line 5, after "offenses" by inserting:
"against a child".
Amend sec. 2, page 1, line 10, after "offenses" by inserting:
"against a child".
Amend sec. 2, page 2, line 1, after "of" by inserting "these".
Amend sec. 2, page 2, line 3, by deleting "offenses." and inserting:
"offenses against a child.".
Amend sec. 6, page 2, line 14, after "offenses" by inserting:
"against a child".
Amend sec. 6, page 2, line 15, after "offenses" by inserting:
"against a child".
Amend sec. 7, page 2, line 18, by deleting:
"criminal sexual acts" and inserting:
"sexual acts directed at children".
Amend sec. 12, page 2, by deleting line 38 and inserting:
"1. Who has been convicted of:
(a) Two or more sexual offenses against a child; or
(b) One sexual offense against a child and one or more sexual offenses;".
Amend sec. 12, page 2, line 41, after "offenses" by inserting:
"against a child".
Amend sec. 13, page 3, by deleting lines 1 through 11 and inserting:
"1. Sexual assault pursuant to NRS 200.366;
2. Battery with intent to commit sexual assault pursuant to NRS 200.400;
3. Incest pursuant to NRS 201.180;
4. Open or gross lewdness pursuant to NRS 201.210;
5. Indecent or obscene exposure pursuant to NRS 201.220;
6. Sexual penetration of a dead human body pursuant to NRS 201.450;
7. An attempt to commit an offense listed in subsections 1 to 6, inclusive;
8. An offense that is determined to be sexually motivated pursuant to NRS 175.547; or
9. An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section.".
Amend the bill as a whole by adding a new section designated sec. 13.5, following sec. 13, to read as follows:
"Sec. 13.5. "Sexual offense against a child" means:
1. A sexual offense listed in section 13 of this act, if the victim of the offense was less than 18 years of age when the offense was committed;
2. Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation;
3. An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
4. Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;
5. Lewdness with a child pursuant to NRS 201.230;
6. Annoyance or molestation of a minor pursuant to NRS 207.260;
7. An attempt to commit an offense listed in subsections 1 to 6, inclusive; or
8. An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section.".
Amend sec. 19, page 5, by deleting lines 4 and 5 and inserting:
"(a) The person named in the petition has been convicted of:
(1) Two or more sexual offenses against a child; or
(2) One sexual offense against a child and one or more sexual offenses;".
Amend sec. 19, page 5, line 8, after "offenses" by inserting:
"against a child".
Amend the bill as a whole by adding new sections designated sections 19.2 and 19.4, following sec. 19, to read as follows:
"Sec. 19.2. If a person is ordered to submit to the program of treatment:
1. The court shall order the person, to the extent of his financial ability, to pay for the cost of the chemical compound.
2. The program of treatment shall be deemed to be suspended during all periods in which the person is in confinement, other than residential confinement, until the person is released from confinement.
Sec. 19.4. 1. Except as otherwise provided in subsection 2, a person who is ordered to submit to the program of treatment and who knowingly solicits, obtains, prepares or uses a substance which diminishes or negates the effects of the chemical compound or which the person believes will diminish or negate the effects of the chemical compound, whether or not the substance actually diminishes or negates the effects of the chemical compound, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. The provisions of subsection 1 do not apply to a substance that:
(a) Is approved by the Food and Drug Administration for sale over the counter without a prescription, if the person uses the substance only as directed by the instructions on the manufacturer's label for the substance; or
(b) Is prescribed by a physician licensed in this state for use by the person, if the substance is intended to:
(1) Diminish or negate the typical adverse effects associated with the chemical compound; or
(2) Address other physical or psychological conditions affecting the health of the person.".
Amend sec. 24, page 6, line 16, by deleting "including" and inserting:
"including, but not limited to,".
Amend sec. 28, page 6, line 42, by deleting "offense," and inserting:
"offense or a sexual offense against a child,".
Amend sec. 28, page 6, line 43, by deleting "section 13" and inserting:
"sections 13 and 13.5".
Amend the bill as a whole by adding a new section, designated sec. 29, following sec. 28, to read as follows:
"Sec. 29. The amendatory provisions of section 19.4 of this act do not apply to offenses that are committed before October 1, 1997.".
Amend the title of the bill, seventh line, after "compound;" by inserting:
"making it a crime for a person ordered to submit to the program of treatment with a chemical compound knowingly to solicit, obtain, prepare or use certain substances to diminish or negate the effects of the chemical compound; providing a penalty;".
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. 101.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 93.
Amend sec. 2, page 1, line 4, after "public" by inserting:
"and are especially dangerous to children".
Amend sec. 2, page 1, line 5, after "offenses" by inserting:
"against a child".
Amend sec. 2, page 1, line 10, after "offenses" by inserting:
"against a child".
Amend sec. 2, page 2, line 1, after "of" by inserting "these".
Amend sec. 2, page 2, line 3, by deleting "offenses." and inserting:
"offenses against a child.".
Amend sec. 6, page 2, line 14, after "offenses" by inserting:
"against a child".
Amend sec. 6, page 2, line 15, after "offenses" by inserting:
"against a child".
Amend sec. 7, page 2, line 18, by deleting:
"criminal sexual acts" and inserting:
"sexual acts directed at children".
Amend sec. 12, page 2, by deleting line 38 and inserting:
"1. Who has been convicted of:
(a) Two or more sexual offenses against a child; or
(b) One sexual offense against a child and one or more sexual offenses;".
Amend sec. 12, page 2, line 41, after "offenses" by inserting:
"against a child".
Amend sec. 13, page 3, by deleting lines 1 through 11 and inserting:
"1. Sexual assault pursuant to NRS 200.366;
2. Battery with intent to commit sexual assault pursuant to NRS 200.400;
3. Incest pursuant to NRS 201.180;
4. Open or gross lewdness pursuant to NRS 201.210;
5. Indecent or obscene exposure pursuant to NRS 201.220;
6. Sexual penetration of a dead human body pursuant to NRS 201.450;
7. An attempt to commit an offense listed in subsections 1 to 6, inclusive;
8. An offense that is determined to be sexually motivated pursuant to NRS 175.547; or
9. An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section.".
Amend the bill as a whole by adding a new section designated sec. 13.5, following sec. 13, to read as follows:
"Sec. 13.5. "Sexual offense against a child" means:
1. A sexual offense listed in section 13 of this act, if the victim of the offense was less than 18 years of age when the offense was committed;
2. Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation;
3. An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
4. Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;
5. Lewdness with a child pursuant to NRS 201.230;
6. Annoyance or molestation of a minor pursuant to NRS 207.260;
7. An attempt to commit an offense listed in subsections 1 to 6, inclusive; or
8. An offense committed in another jurisdiction that, if committed in this state, would be an offense listed in this section.".
Amend sec. 19, page 5, by deleting lines 4 and 5 and inserting:
"(a) The person named in the petition has been convicted of:
(1) Two or more sexual offenses against a child; or
(2) One sexual offense against a child and one or more sexual offenses;".
Amend sec. 19, page 5, line 8, after "offenses" by inserting:
"against a child".
Amend the bill as a whole by adding new sections designated sections 19.2 and 19.4, following sec. 19, to read as follows:
"Sec. 19.2. If a person is ordered to submit to the program of treatment:
1. The court shall order the person, to the extent of his financial ability, to pay for the cost of the chemical compound.
2. The program of treatment shall be deemed to be suspended during all periods in which the person is in confinement, other than residential confinement, until the person is released from confinement.
Sec. 19.4. 1. Except as otherwise provided in subsection 2, a person who is ordered to submit to the program of treatment and who knowingly solicits, obtains, prepares or uses a substance which diminishes or negates the effects of the chemical compound or which the person believes will diminish or negate the effects of the chemical compound, whether or not the substance actually diminishes or negates the effects of the chemical compound, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. The provisions of subsection 1 do not apply to a substance that:
(a) Is approved by the Food and Drug Administration for sale over the counter without a prescription, if the person uses the substance only as directed by the instructions on the manufacturer's label for the substance; or
(b) Is prescribed by a physician licensed in this state for use by the person, if the substance is intended to:
(1) Diminish or negate the typical adverse effects associated with the chemical compound; or
(2) Address other physical or psychological conditions affecting the health of the person.".
Amend sec. 24, page 6, line 16, by deleting "including" and inserting:
"including, but not limited to,".
Amend sec. 28, page 6, line 42, by deleting "offense," and inserting:
"offense or a sexual offense against a child,".
Amend sec. 28, page 6, line 43, by deleting "section 13" and inserting:
"sections 13 and 13.5".
Amend the bill as a whole by adding a new section, designated sec. 29, following sec. 28, to read as follows:
"Sec. 29. The amendatory provisions of section 19.4 of this act do not apply to offenses that are committed before October 1, 1997.".
Amend the title of the bill, seventh line, after "compound;" by inserting:
"making it a crime for a person ordered to submit to the program of treatment with a chemical compound knowingly to solicit, obtain, prepare or use certain substances to diminish or negate the effects of the chemical compound; providing a penalty;".
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Senator James moved that Senate Bill No. 101 be re-referred to the Committee on Finance.
Remarks by Senator James.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Finance.

Senate Bill No. 132.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 95.
Amend sec. 4, page 2, by deleting lines 37 and 38 and inserting:
"or justice shall order the [respondent] district attorney or the attorney general, whichever is appropriate, to:".
Amend sec. 5, page 4, by deleting lines 20 through 22 and inserting:
"2. The ineffectiveness or incompetence of counsel during a federal or state collateral post-conviction proceeding:
(a) Is not a ground for relief; and
(b) Is not cause to excuse the failure to raise any claim that:
(1) Could have been raised in a prior proceeding, but was not; or
(2) Was raised in a prior proceeding and is raised in a second or successive proceeding,
unless the representation by counsel was of such low caliber as to reduce the proceeding to a sham, farce or pretense.
3. If the court determines that the petitioner is unable to pay all necessary".
Amend sec. 5, page 4, line 30, by deleting "3." and inserting "[3.] 4.".
Amend sec. 5, page 4, line 38, by deleting "4." and inserting "[4.] 5.".
Amend sec. 5, page 4, line 40, by deleting "5." and inserting "[5.] 6.".
Amend sec. 6, page 5, by deleting lines 4 through 6 and inserting:
"2. The ineffectiveness or incompetence of counsel during a federal or state collateral post-conviction proceeding:
(a) Is not a ground for relief; and
(b) Is not cause to excuse the failure to raise any claim that:
(1) Could have been raised in a prior proceeding, but was not; or
(2) Was raised in a prior proceeding and is raised in a second or successive proceeding,
unless the representation by counsel was of such low caliber as to reduce the proceeding to a sham, farce or pretense.
3. The petition must include the date upon which execution is scheduled,".
Amend sec. 6, page 5, line 15, by deleting "3." and inserting "[3.] 4.".
Amend sec. 6, page 5, line 18, by deleting "4." and inserting "[4.] 5.".
Amend sec. 6, page 5, line 22, by deleting "5." and inserting "[5.] 6.".
Amend sec. 6, page 5, line 25, by deleting "6." and inserting "[6.] 7.".
Amend sec. 6, page 5, line 27, by deleting "7." and inserting "[7.] 8.".
Amend sec. 7, page 5, by deleting line 31 and inserting:
"Sec. 7. The".
Amend sec. 7, page 5, by deleting lines 34 through 36.
Amend the title of the bill to read as follows:
"An Act relating to writs of habeas corpus; specifying the circumstances under which a court may summarily dismiss a petition for a writ of habeas corpus; revising the provisions governing the effectiveness of counsel in a post-conviction proceeding; making various other changes to the provisions governing writs of habeas corpus; and providing other matters properly relating thereto.".
Senator James moved the adoption of the amendment.
Remarks by Senators James and Neal.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 133.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 105.
Amend the bill as a whole by renumbering sections 9 through 20 as sections 11 through 22 and adding new sections designated sections 9 and 10, following sec. 8, to read as follows:
"Sec. 9. NRS 207.012 is hereby amended to read as follows:
207.0121. A person who:
(a) Has been convicted in this state of a felony listed in subsection 2; and
(b) Before the commission of that felony, was twice convicted of any crime which under the laws of the situs of the crime or of this state would be a felony listed in subsection 2, whether the prior convictions occurred in this state or elsewhere,
is a habitual felon and shall be punished for a category A felony by imprisonment in the state prison:
(1) For life without the possibility of parole;
(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(3) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.
2. The district attorney shall include a count under this section in any information or shall file a notice of habitual felon if an indictment is found, if each prior conviction and the alleged offense committed by the accused constitutes a violation of subparagraph (1) of paragraph (a) of subsection 1 of NRS 193.330, NRS 199.160, 199.500, 200.030, 200.320, 200.330, 200.340, 200.366, 200.380, 200.390, subsection 3 or 4 of NRS 200.400, NRS 200.410, subsection 3 of NRS 200.450, subsection 4 of NRS 200.460, NRS 200.465, subsection 2 of NRS 200.508, NRS 200.710, 200.720, 201.230, 201.450, 202.170, 202.270, subsection 2 of NRS 202.780, paragraph (b) of subsection 2 of NRS 202.820, subsection 2 of NRS 202.830, NRS 205.010, subsection 4 of NRS 205.060, subsection 4 of NRS 205.067, NRS 205.075, 207.400, paragraph (a) of subsection 1 of NRS 212.090, NRS 453.333, 484.219 or 484.3795.
3. The trial judge may not dismiss a count under this section that is included in an indictment or information.
Sec. 10. NRS 207.014 is hereby amended to read as follows:
207.0141. A person who:
(a) Has been convicted in this state of any felony committed on or after July 1, 1995, of which fraud or intent to defraud is an element; and
(b) Has previously been two times convicted, whether in this state or elsewhere, of any felony of which fraud or intent to defraud is an element before the commission of the felony under paragraph (a) of this subsection,
is a habitually fraudulent felon and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years, if the victim of each offense was 65 years of age or older or a mentally disabled person.
2. The prosecuting attorney shall include a count under this section in any information or shall file a notice of habitually fraudulent felon if an indictment is found, if the prior convictions and the alleged offense committed by the accused are felonies of which fraud or intent to defraud is an element and the victim of each offense was:
(a) Sixty-five years of age or older; or
(b) A mentally disabled person.
3. The trial judge may not dismiss a count under this section that is included in an indictment or information.
4. As used in this section, "mentally disabled person" means a person who has a mental impairment which is medically documented and substantially limits one or more of the person's major life activities. The term includes, but is not limited to, a person who:
(a) Is mentally retarded;
(b) Suffers from a severe mental or emotional illness;
(c) Has a severe learning disability; or
(d) Is experiencing a serious emotional crisis in his life as a result of the fact that he or a member of his immediate family has a catastrophic illness.".
Amend sec. 11, page 11, line 17, after "felony," by inserting:
"except as otherwise provided in this paragraph,".
Amend sec. 11, page 11, by deleting lines 18 through 20 and inserting:
"sentence imposed and grant probation to the person . [pursuant to NRS 193.130; or
(b) If the person is found guilty of any other] The court may, as it deems advisable, decide not to".
Amend sec. 11, page 11, line 25, by deleting:
"violated a condition of his probation," and inserting:
"had his probation revoked,".
Amend sec. 14, page 13, line 38, by deleting:
"subparagraph (1) of ".
Amend sec. 20, page 17, by deleting lines 38 and 39 and inserting:
"Sec. 22. 1. Except as otherwise provided in subsection 2, the amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
2. The amendatory provisions of sections 9 and 10 of this act apply to offenses that are committed on, before or after October 1, 1997.".
Amend the title of the bill to read as follows:
"An Act relating to crimes; removing the requirement that a court grant probation to a person who is convicted of committing a category E felony under certain circumstances; providing a fine that may be imposed for attempting to commit certain crimes; revising the penalties for certain felonies; providing a greater penalty for committing a battery with a deadly weapon which results in substantial bodily harm; clarifying that a trial judge may not dismiss a count of habitual felon or habitually fraudulent felon; providing that a court may impose an adjudication of habitual criminality, habitual felon or habitually fraudulent felon based upon the stipulation of the parties; and providing other matters properly relating thereto.".
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted and engrossed.
Senator James moved that Senate Bill No. 133 be placed on the Secretary's desk upon return from reprint.
Motion carried.

Senate Bill No. 155.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 96.
Amend section 1, page 1, line 2 by deleting "5," and inserting "6,".
Amend sec. 2, page 1, line 9, by deleting "60" and inserting "120".
Amend sec. 2, page 1, after line 14, by inserting:
"(d) A question asking whether the person wishes to:
(1) Register to vote; or
(2) Change the address of his current registration;".
Amend sec. 2, page 2, line 1, by deleting "(d)" and inserting "(e)".
Amend sec. 2, page 2, line 5, by deleting "(e)" and inserting "(f)".
Amend sec. 2, page 2, line 6, by deleting "(f)" and inserting "(g)".
Amend sec. 2, page 2, line 7, by deleting "(g)" and inserting "(h)".
Amend the bill as a whole by renumbering sections 4 through 8 as sections 5 through 9 and adding a new section designated sec. 4, following sec. 3, to read as follows:
"Sec. 4. 1. If a participant indicates to the administrator that the participant wishes to register to vote or change the address of his current registration, the administrator shall furnish the participant with the appropriate form provided by the secretary of state pursuant to subsection 2 of section 8 of this act. Upon receiving a completed form from a participant, the administrator shall forward the form to the secretary of state.".
Amend sec. 5, page 3, line 1, by deleting "regulations" and inserting "procedures".
Amend sec. 5, page 3, line 2, by deleting "5," and inserting "6,".
Amend sec. 6, page 3, line 5, by deleting "5," and inserting "6,".
Amend sec. 6, page 3, line 39, by deleting "5," and inserting "6,".
Amend sec. 7, page 4, line 2, by deleting "5," and inserting "6,".
Amend sec. 7, page 4, by deleting lines 5 through 10 and inserting:
"(b) Vote by absent ballot,
without revealing the confidential address of the person.
2. In addition to establishing appropriate procedures or developing forms pursuant to subsection 1, the secretary of state shall develop and provide to the administrator of the division of child and family services of the department of human resources a form to allow a person for whom a fictitious address has been issued to register to vote or to change the address of his current registration. The form must include:
(a) A section that contains the confidential address of the person; and
(b) A section that contains the fictitious address of the person.
3. Upon receiving a completed form from the administrator, the secretary of state shall:
(a) On the portion of the form that contains the fictitious address of the person, indicate the county and precinct in which the person will vote and forward this portion of the form to the appropriate county clerk; and
(b) File the portion of the form that contains the confidential address.
4. Notwithstanding any other provision of law, any request received by the secretary of state pursuant to subsection 3 shall be deemed a request for a permanent absent ballot.
5. Notwithstanding any other provision of law, the secretary of state and each county clerk:
(a) Shall keep the portion of the form developed pursuant to subsection 2 that he retains separate from other applications for registration; and
(b) Shall not make the name, confidential address or fictitious address of the person who has been issued a fictitious address available for:
(1) Inspection or copying; or
(2) Inclusion in any list that is made available for public inspection,".
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted and engrossed.
Senator James moved that Senate Bill No. 155 be placed on the Secretary's desk upon return from reprint.
Motion carried.

Assembly Bill No. 22.
Bill read second time and ordered to third reading.

Assembly Bill No. 79.
Bill read second time and ordered to third reading.

Assembly Bill No. 164.
Bill read second time and ordered to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Senator O'Donnell moved that Assembly Bill No. 17 be taken from the General File and placed on the Secretary's desk.
Remarks by Senator O'Donnell.
Motion carried on a division of the house.

Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.

Senate in recess at 12:11 p.m.

SENATE IN SESSION

At 12:13 p.m.
President pro Tempore Jacobsen presiding.
Quorum present.

GENERAL FILE AND THIRD READING

Senate Bill No. 39.
Bill read third time.
Roll call on Senate Bill No. 39:
Yeas--21.
Nays--None.
Senate Bill No. 39 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 136.
Bill read third time.
Roll call on Senate Bill No. 136:
Yeas--21.
Nays--None.
Senate Bill No. 136 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.

Senate Bill No. 146.
Bill read third time.
Remarks by Senators Neal and McGinness.
Senator McGinness moved that Senate Bill No. 146 be taken from the General File and placed on the Secretary's desk.
Remarks by Senator McGinness.
Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Assembly Bills Nos. 15, 98, 141; Assembly Joint Resolution No. 2; Assembly Joint Resolution No. 13 of the 68th Session, be taken from the General File and placed on General File for the next legislative day.
Remarks by Senator Raggio.
Motion carried.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, March 26, 1997*

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 301.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Perkins, Hettrick and Evans, as a first Committee on Conference concerning Assembly Bill No. 224.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 301.
Senator Rawson moved that the bill be referred to the Committee on Taxation.
Motion carried.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, March 26, 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 Assembly Bill No. 224.
Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

UNFINISHED BUSINESS
REPORTS OF CONFERENCE COMMITTEES

Mr. President:
The first Committee on Conference concerning Assembly Bill No. 224, consisting of the undersigned members, has met, and reports that:
It has agreed to recommend that the amendment of the Senate be concurred in.
It has further agreed to recommend that the bill be further amended as set forth in Conference Amendment No. 1, which is attached to and hereby made a part of this report.
Conference Amendment.
Amend sec. 3, pages 2 and 3, by deleting lines 22 through 42 on page 2 and lines 1 through 3 on page 3 and inserting:
"Sec. 3. To carry out the provisions of section 2 of this act, the director shall make such grants of the money appropriated by section 4 of this act as he deems appropriate to:
1. State agencies and nonprofit entities for the entire grant match for projects which meet the requirements of subsection 1 of section 2 of this act; and
2. Local governments for the state's one-half of the grant match for projects which meet the requirements of subsection 2 of section 2 of this act.".
Amend the title of the bill by deleting the first through third lines and inserting:
"An Act relating to state financial administration; providing for the proportional matching funding for disaster".

Raymond D. Rawson Richard Perkins
William R. O'Donnell Lynn C. Hettrick
John B. Regan Jan Evana
Senate Committee on Conference Assembly Committee on Conference

Senator Rawson moved that the Senate adopt the report of the first Committee on Conference concerning Assembly Bill No. 224.
Remarks by Senator.
Motion carried.

SIGNING OF BILLS AND RESOLUTIONS

There being no objections, the President and Secretary signed Senate Bill No. 14.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator O'Connell, the privilege of the floor of the Senate Chamber for this day was extended to Lance Malone.

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Kol Gibson, Dave Gibson, Tom Mcgee, George Mcgee, Elana Mcgee, Dan Mcgee, Jane Iverson, Jack Carpenter, Joe Carpenter, Bill Carpenter, Bill Swackhamer, former Secretary of State and Classic Residence by Hyatt, Lucile Wyllie, Ruth Wark, Henry Wark, Ruth Keith, Shirley Follebout, Charlotta Evans, Miriam Burbidge, Vera Tarman, Fred Coddington, Virla Coddington, Marguerite McGlasson, Adele Coblentz, Frieda Turco, Doris Allen, Kate MacMillan, Venila Melcher, Louise Stetler, Rita Rogers, Hulda Gummer, Marilyn Woodard, William Sweeney, Dorothy Sweeney, Eloise Colton and driver; O. W. Johnson and teachers from the Rita Cannan Elementary School Shannon Kanekoa, Marnee Hastings; chaperones Lon Skele, Lorraine Smith, Natalina Rogers and the following students: Anthony Bledsoe, Adrian Bucio, Jose Cartagena, Alfonso Cuarda, Maurice Dupree-Tolliver, Maka Feinga, Lorena Franco, Eliana Garcia, Joey Garcia, Heather Giles, Mauro Hernandez, Sherry Hernandez, Francis Hunt, Andrea King, Trevyn Lane, Carlos Limon, Lily Luu, Robert McGuire, Robert Miller, Elaina Montanez, Maria Obeso, Allan Padua, Yara Renteria, Francisco Torres, Uriah Urban, Albert Martinez, Willy Aquino, Rafael Arias, Cherryl Aujero, Aaron Barker, Zach Doney, Christina Garcia, John Graham, Arthur Gutierrez, Monica Jacinto, LaPrav Jordon, Brandon LaBonte, Joey Mahsman, Casey McBride, Tracy Mercado, Rachel Moody, Lakisha Morehead, Tammy Ngugen, Carlos Orozco, Nancy Ramos, Zak Rodriquez, James Scott, Sione Vaimaku, Naqia Mintzer and Shawn Eisenman.

On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Christine Chairsell and Barbara Nelson.

Senator Raggio moved that the Senate adjourn until Thursday, March 27, 1997 at 11 a.m.
Motion carried.

Senate adjourned at 12:42 p.m.

Approved:

Lawrence E. Jacobsen

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