ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND FIRST DAY
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Carson City (Wednesday), April 30, 1997
Assembly called to order at 11:26 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblywoman Buckley, who was excused.
Prayer by Assemblyman Nolan.
Let us pray. Heavenly Father, You know we've fallen on tough times when You have a poor wretch like me stand before this body of my peers and ask You to bestow blessings upon us. But in many ways, it is fitting. Those of us who serve in this body are simple people who, when we leave here, try to return to simple lives. Lord, help us understand that it is the simple things in life that people want the most. Help us in our daily work to remember the acronym KISS--Keep It Simple, Sonny.
Lord, we ask You to help us in these things, and in Your Name we pray.
Amen. Pledge of allegiance to the Flag.
Assemblyman Perkins moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 271, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Concurrent Committee on Judiciary, to which was referred Assembly Bill No. 240, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Committee on Transportation, to which was re-referred Senate Bill No. 66, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vonne Chowning,
Chairman
By the Committee on Elections, Procedures, and Ethics:
Assembly Resolution No. 12--Providing for the appointment of an additional attaché.
Resolved by the Assembly of the State of Nevada, That Monica Clark is elected as an additional attaché of the Assembly for the 69th session of the Legislature of the State of Nevada.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblywoman Giunchigliani.
Resolution adopted.
By Assemblymen Nolan, Price, Cegavske, Sandoval, Mortenson, Collins, Chowning, Hettrick, Ernaut, Perkins, Buckley, Williams, Berman, de Braga, Neighbors, Marvel, Segerblom, Carpenter, Tiffany, Hickey, Evans, Manendo, Krenzer, Gustavson, Koivisto, Braunlin, Parks, Lambert, Freeman, Bache, Lee, Anderson, Arberry, Giunchigliani, Goldwater, Herrera, Close, Humke, Amodei, Ohrenschall, Von Tobel and Dini:
Assembly Concurrent Resolution No. 21--Declaring the month of April as Workplace Good Health and Fitness Month in Nevada.
Assemblyman Nolan moved the adoption of the resolution.
Remarks by Assemblymen Nolan, Ernaut, Collins, Anderson and Close.
Assemblyman Perkins requested that the Assemblyman Ernaut's remarks be entered in the Journal.
Mr. Speaker, I have endured, over the past two weeks, the discussion of what is appropriate and inappropriate from the pulpit in the morning prayer; whether someone can say "Jesus" or they can't say "Jesus" because they are personally offended. Well, ACR 21 personally offends me, along with my colleagues from Districts 3, 36 and 31. We'd like to stand and say that we would like the ACLU to take our case to the people, that we cannot be subjected to this kind of heresy and harassment by our own colleagues.
I see in the gallery the co-founder of the "Bad Lunch Caucus," the Secretary of State. I'm sure that he would join me, along with the other members of the "Bad Lunch Caucus," in saying that ACR 21 must die. Thank you.
I'm embarrassed. I'd like to rescind my earlier opposition. I didn't see on page 2, in the third "Whereas," that this has been endorsed by the Coors Brewing Company, so I will declare my unbridled support of ACR 21. Thank you.
Resolution adopted.
Assemblyman Nolan moved that all rules be suspended and that Assembly Concurrent Resolution No. 21 be immediately transmitted to the Senate.
Motion carried unanimously.
Assemblyman Nolan moved that the Assembly recess subject to the call of the Chair for the purpose of a fitness presentation.
Motion carried.
Assembly in recess at 11:45 a.m.
At 11:53 a.m.
Mr. Speaker presiding.
Quorum present.
Senate Chamber, Carson City, April 30, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 33.
Mary Jo Mongelli
Assistant Secretary of the Senate
Senate Chamber, Carson City, April 30, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 34.
Mary Jo Mongelli
Assistant Secretary of the Senate
Assemblywoman Evans moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 12:23 p.m.
At 12:24 p.m.
Mr. Speaker presiding.
Quorum present.
By the Committee on Ways and Means:
Assembly Bill No. 431--An Act making a supplemental appropriation from the state highway fund to the Department of Motor Vehicles and Public Safety for postage charges that were incurred but underbilled during fiscal year 1996; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 432--An Act making an appropriation to the State Public Works Board to expedite Capital Improvement Project 97-C19; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 433--An Act making a supplemental appropriation to the Division of Child and Family Services of the Department of Human Resources for unanticipated shortfalls in revenue for the Youth Community Services; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 434--An Act making a supplemental appropriation from the state highway fund to the Administrative Services Division of the Department of Motor Vehicles and Public Safety for unanticipated operating expenses; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 435--An Act making an appropriation for a risk assessment and workload study of the Division of Parole and Probation of the Department of Motor Vehicles and Public Safety; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 436--An Act relating to water; requiring the Southern Nevada Water Authority to establish a program for the management of the ground water in the Las Vegas Valley Ground Water Basin; authorizing the Southern Nevada Water Authority to assess fees to fund certain activities related to the program; providing for the preparation of certain reports relating to the program; creating an advisory committee and defining its duties; requiring the submission of biennial reports to the legislature; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 437--An Act relating to the secretary of state; requiring the refund of a fee paid to file a document if the document is not processed in a timely manner; creating petty cash accounts; authorizing the payment of fees by credit card; repealing the revolving account for the office of the secretary of state; eliminating the duty of the secretary of state to maintain custody of the deeds and conveyances of the state; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 438--An Act relating to juveniles; revising the provisions relating to the jurisdiction of juvenile courts; revising the provisions relating to the certification of certain juveniles for criminal proceedings as adults; providing for certain proceedings for certain juveniles who escape or attempt to escape from detention facilities; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Sandoval, Anderson, Ohrenschall, Nolan, Herrera, Carpenter, Perkins, Segerblom, Berman, Collins, Koivisto, Gustavson, Chowning, Freeman, Hickey and Evans:
Assembly Bill No. 439--An Act relating to the protection of children; authorizing the release of confidential data or information concerning the abuse or neglect of a child to the division of parole and probation of the department of motor vehicles and public safety under certain circumstances; requiring that the data or information be included in a presentence report to the district court; and providing other matters properly relating thereto.
Assemblyman Sandoval moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Health and Human Services:
Assembly Bill No. 440--An Act relating to nursing assistants; excluding certain personal care assistants from the definition of a "nursing assistant"; revising provisions governing the certification of nursing assistants; and providing other matters properly relating thereto.
Assemblywoman Freeman moved that the bill be referred to the Committee on Commerce.
Motion carried.
By Assemblymen Gustavson, Hickey, Mortenson, Hettrick, Lee, Nolan, Amodei, Braunlin, Carpenter, Marvel, Von Tobel and Tiffany:
Assembly Bill No. 441--An Act relating to governmental administration; designating English as the official language of the State of Nevada; requiring certain proceedings, records and publications of this state to be in English; and providing other matters properly relating thereto.
Assemblyman Gustavson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 114.
Bill read second time.
The following amendment was proposed by the Committee on Labor and Management:
Amendment No. 86.
Amend the bill as a whole by renumbering sec. 2 as sec. 4 and adding new sections designated sections 2 and 3, following section 1, to read as follows:
"Sec. 2. NRS 616B.463 is hereby amended to read as follows:
616B.463 1.Before a private carrier may provide industrial insurance pursuant to chapters 616A to 617, inclusive, of NRS, the private carrier must be authorized by the commissioner pursuant to chapter 680A of NRS and maintain such security of the kind described in NRS 680A.120 and 680A.140 as may be required.
2. A private carrier shall not provide industrial insurance pursuant to chapters 616A to 617, inclusive, of NRS as an unauthorized insurer pursuant to subsection 9 of NRS 680A.070.
Sec. 3. NRS 680A.070 is hereby amended to read as follows:
680A.070A certificate of authority is not required of an insurer with respect to any of the following:
1. Investigation, settlement or litigation of claims under its policies lawfully written in this state, or liquidation of assets and liabilities of the insurer, other than collection of new premiums, all as resulting from its former authorized operations in this state.
2. Except as otherwise provided in subsection 2 of NRS 680A.060, transactions thereunder after issuance of a policy covering only subjects of insurance that are not resident, located or expressly to be performed in this state at the time of issuance, and lawfully solicited, written and delivered outside this state.
3. Prosecution or defense of suits at law, except that no insurer unlawfully transacting insurance in this state without a certificate of authority may institute or maintain, other than defend, any action at law or in equity in any court of this state, either directly or through an assignee or successor in interest, to enforce any right, claim or demand arising out of such an insurance transaction until the insurer, assignee or successor has obtained a certificate of authority. This provision does not apply to any suit or action by the receiver, rehabilitator or liquidator of such an insurer, assignee or successor under laws similar to those contained in chapter 696B of NRS.
4. Transactions pursuant to surplus lines coverages lawfully written under chapter 685A of NRS.
5. A suit, action or proceeding for the enforcement or defense of its rights relative to its investments in this state.
6. Reinsurance, except as to a domestic reinsurer or the reinsurance of a domestic insurer, unless the reinsurance is authorized pursuant to subsection 1 of NRS 681A.110.
7. Transactions in this state involving group life insurance, group health or blanket health insurance, or group annuities where the master policy or contract of such groups was lawfully solicited, issued and delivered pursuant to the laws of a state in which the insurer was authorized to transact insurance, to a group organized for purposes other than the procurement of insurance or to a group approved pursuant to NRS 688B.030 or 689B.026, and where the policyholder is domiciled or otherwise has a bona fide situs.
8. The issuance of annuities by an affiliate of an authorized insurer if the affiliate:
(a) Is approved by the commissioner;
(b) Is organized as a nonprofit educational corporation;
(c) Issues annuities only to nonprofit institutions of education and research; and
(d) Reports and pays any premium tax on the annuities required pursuant to chapter 680B of NRS.
9. Transactions , other than for workers' compensation insurance or for industrial insurance provided pursuant to chapters 616A to 617, inclusive, of NRS, involving the procurement of excess liability insurance above underlying liability coverage or self-insured retention of at least $25,000,000, if procured from an unauthorized alien or foreign insurer who does not solicit, negotiate or enter into such transactions in this state by any means, and if procured by a person:
(a) Whose total annual premiums for property and casualty insurance , not including workers' compensation or industrial insurance, is $1,000,000 or more; and
(b) Who employs 250 or more full-time employees.
A person who procures insurance in accordance with this subsection shall report and pay any premium tax on the insurance required pursuant to NRS 680B.040.".
Amend the title of the bill, third line, after "industrial insurance;" by inserting:
Assembly Bill No. 115.
Bill read second time.
The following amendment was proposed by the Committee on Labor and Management:
Amendment No. 247.
Amend the bill as a whole by deleting sections 1 and 2 and adding a new section designated section 1 and the text of the repealed section, following the enacting clause, to read as follows:
"Section 1. NRS 618.275 is hereby repealed.
TEXT OF REPEALED SECTION
618.275Seal of division.
1. The division shall have a seal upon which must be the words "Division of Enforcement for Industrial Safety and Health," by which seal it shall authenticate its proceedings and orders.
2. All papers executed under the seal must be admitted in evidence without further authentication or proof.".
Amend the title of the bill by deleting the second line and inserting:
"industry; repealing the requirement that the division must have a seal to authenticate its proceedings and orders; and providing".
Amend the summary of the bill to read as follows:
Assembly Bill No. 214.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 252.
Amend section 1, page 1, line 2, by deleting "and 3" and inserting:
"to 5, inclusive,".
Amend the bill as a whole by deleting sections 2 through 4, renumbering section 5 as section 7, and adding new sections designated sections 2 through 6, following section 1, to read as follows:
"Sec. 2. 1. Except as otherwise provided in this subsection, a governmental entity may charge a fee for providing a copy of a public record. Such a fee must not exceed the actual cost to the governmental entity to provide the copy of the public record unless a specific statute or regulation sets a fee that the governmental entity must charge for the copy. A governmental entity shall not charge a fee for providing a copy of a public record if a specific statute or regulation requires the governmental entity to provide the copy without charge.
2. A governmental entity may waive all or a portion of a charge or fee for a copy of a public record if the governmental entity:
(a) Adopts a written policy to waive all or a portion of a charge or fee for a copy of a public record; and
(b) Posts, in a conspicuous place at each office in which the governmental entity provides copies of public records, a legible sign or notice that states the terms of the policy.
3. A governmental entity shall prepare and maintain a list of the fees that it charges at each office in which the governmental entity provides copies of public records. A governmental entity shall post, in a conspicuous place at each office in which the governmental entity provides copies of public records, a legible sign or notice which states:
(a) The fee that the governmental entity charges to provide a copy of a public record; or
(b) The location at which a list of each fee that the governmental entity charges to provide a copy of a public record may be obtained.
Sec. 3. 1. Except as otherwise provided in section 4 of this act regarding information provided from a geographic information system, if a request for a copy of a public record would require a governmental entity to make extraordinary use of its personnel or technological resources, the governmental entity may, in addition to any other fee authorized pursuant to this chapter, charge a fee for such extraordinary use. Upon receiving such a request, the governmental entity shall inform the requester of the amount of the fee before preparing the requested information. The fee charged by the governmental entity must be reasonable and must be based on the cost that the governmental entity actually incurs for the extraordinary use of its personnel or technological resources. The governmental entity shall not charge such a fee if the governmental entity is not required to make extraordinary use of its personnel or technological resources to fulfill additional requests for the same information.
2. As used in this section, "technological resources" means any information, information system or information service acquired, developed, operated, maintained or otherwise used by a governmental entity.
Sec. 4. 1. A fee for the provision of information from a geographic information system may include, in addition to the actual cost of the medium in which the information is provided, the reasonable costs related to:
(a) The gathering and entry of data into the system;
(b) Maintenance and updating of the database of the system;
(c) Hardware;
(d) Software;
(e) Quality control; and
(f) Consultation with personnel of the governmental entity.
2. As used in this section, "geographic information system" means a system of hardware, software and data files on which spatially oriented geographical information is digitally collected, stored, managed, manipulated, analyzed and displayed.
Sec. 5. 1. If a person requests a copy of a transcript of an administrative proceeding that has been transcribed by a certified court reporter, a governmental entity shall charge, in addition to the actual cost of the medium in which the copy of the transcript is provided, a fee for each page provided which is equal in amount to the fee per page charged by the court reporter for the copy of the transcript, as set forth in the contract between the governmental entity and the court reporter. For each page provided, the governmental entity shall remit to the court reporter who transcribed the proceeding an amount equal to the fee per page set forth in the contract between the governmental entity and the court reporter.
2. The governmental entity shall post in a conspicuous place at each office in which the governmental entity provides copies of public records, a legible sign or notice which states that, in addition to the actual cost of the medium in which the copy of the transcript is provided, the fee charged for a copy of each page of the transcript is the fee per page set forth in the contract between the governmental entity and the court reporter.
Sec. 6. NRS 239.005 is hereby amended to read as follows:
239.005 As used in this chapter [:] , unless the context otherwise requires:
1. "Actual cost" means the direct cost related to the reproduction of a public record. The term does not include a cost that a governmental entity incurs regardless of whether or not a person requests a copy of a particular public record.
2. "Committee" means the committee to approve schedules for the retention and disposition of official state records . [; and
2.] 3. "Division" means the division of state library and archives of the department of museums, library and arts.
4. "Governmental entity" means:
(a) An elected or appointed officer of this state or of a political subdivision of this state;
(b) An institution, board, commission, bureau, council, department, division, authority or other unit of government of this state or of a political subdivision of this state;
(c) A university foundation, as defined in NRS 396.405; or
(d) An educational foundation, as defined in NRS 388.750, to the extent that the foundation is dedicated to the assistance of public schools.".
Amend sec. 5, page 2, by deleting lines 32 and 33 and inserting:
"239.010 1. All public books and public records of a [public agency, a university foundation or an educational foundation,] governmental entity, the contents of which are".
Amend sec. 5, page 2, by deleting lines 39 and 40 and inserting:
"or may be used in any other way to the advantage of the [public agency, university foundation or educational foundation] governmental entity or of the general public. This".
Amend sec. 5, page 3, line 1, by deleting "public agency" and inserting:
"[public agency] governmental entity".
Amend sec. 5, page 3, line 5, by deleting "public agency" and inserting "governmental entity".
Amend the bill as a whole by renumbering sections 6 through 8 as sections 9 through 11 and adding a new section designated sec. 8, following sec. 5, to read as follows:
"Sec. 8. NRS 239.011 is hereby amended to read as follows:
239.011 If a request for inspection or copying of a public book or record open to inspection and copying is denied, the requester may apply to the district court in the county in which the book or record is located for an order permitting him to inspect or copy it. The court shall give this matter priority over other civil matters to which priority is not given by other statutes. If the requester prevails, he is entitled to recover his costs and reasonable attorney's fees in the proceeding from the [agency] governmental entity whose officer has custody of the book or record.".
Amend sec. 6, page 3, line 27, by deleting "public agencies" and inserting "governmental entities".
Amend sec. 8, page 4, line 1, by deleting "7," and inserting "10,".
Amend the title of the bill to read as follows:
Assembly Bill No. 280.
Bill read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 226.
Amend the bill as a whole by deleting sections 1 through 34 and adding new sections designated sections 1 through 9, following the enacting clause, to read as follows:
"Section 1 NRS 200.366 is hereby amended to read as follows:
200.3661. A person who subjects another person to sexual penetration, or who forces another person to make a sexual penetration on himself or another, or on a beast, against the victim's will or under conditions in which the perpetrator knows or should know that the victim is mentally or physically incapable of resisting or understanding the nature of his conduct, is guilty of sexual assault.
2. Except as otherwise provided in subsection 3, a person who commits a sexual assault is guilty of a category A felony and shall be punished:
(a) If substantial bodily harm to the victim results from the actions of the defendant committed in connection with or as a part of the sexual assault, 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 15 years has been served; or
(3) For a definite term of 40 years, with eligibility for parole beginning when a minimum of 15 years has been served.
(b) If no substantial bodily harm to the victim results:
(1) By imprisonment in the state prison for life, with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(2) By imprisonment in the state prison for a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.
3. A person who commits a sexual assault against a child under the age of 16 years is guilty of a category A felony and shall be punished:
(a) If the crime results in substantial bodily harm to the child, by imprisonment in the state prison for life without the possibility of parole.
(b) [If] Except as otherwise provided in paragraph (c), if the crime does not result in substantial bodily harm to the child, by imprisonment in the state prison for:
(1) Life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or
(2) [For a] A definite term of not less than 5 years nor more than 20 years, without the possibility of parole.
(c) If the crime is committed against a child under the age of 14 years and does not result in substantial bodily harm to the child, by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served.
Sec. 2 NRS 200.508 is hereby amended to read as follows:
200.508 1. A person who:
(a) Willfully causes a child who is less than 18 years of age to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect; or
(b) Is responsible for the safety or welfare of a child and who permits or allows that child to suffer unjustifiable physical pain or mental suffering as a result of abuse or neglect or to be placed in a situation where the child may suffer physical pain or mental suffering as the result of abuse or neglect,
is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for an act or omission which brings about the abuse, neglect or danger.
2. A person who violates any provision of subsection 1, if substantial bodily or mental harm results to the child [,] :
(a) If the child is less than 14 years of age and the harm is the result of sexual abuse or exploitation, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(b) In all other such cases to which paragraph (a) does not apply, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years.
3. As used in this section:
(a) "Abuse or neglect" means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child under the age of 18 years, as set forth in NRS 432B.070, 432B.090, 432B.100, 432B.110, 432B.140 and 432B.150, under circumstances which indicate that the child's health or welfare is harmed or threatened with harm.
(b) "Allow" means to do nothing to prevent or stop the abuse or neglect of a child in circumstances where the person knows or has reason to know that the child is abused or neglected.
(c) "Permit" means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care, custody and control of a minor child.
(d) "Substantial mental harm" means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of the ability of the child to function within his normal range of performance or behavior.
Sec. 3 NRS 200.750 is hereby amended to read as follows:
200.750 [Each] A person punishable pursuant to NRS 200.710 or 200.720 shall be punished for a category A felony [:
1. By] by imprisonment in the state prison:
1. If the minor is 14 years of age or older:
(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or
(b) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served , [; and
2. By]
and shall be further punished by a fine of not more than $100,000.
2. If the minor is less than 14 years of age, for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served, and shall be further punished by a fine of not more than $100,000.
Sec. 4 NRS 201.195 is hereby amended to read as follows:
201.195 1. A person who incites, entices or solicits a minor to engage in acts which constitute the infamous crime against nature:
(a) If the minor actually engaged in such acts as a result [,] and:
(1) The minor was less than 14 years of age, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served.
(2) The minor was 14 years of age or older, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) If the minor did not engage in such acts:
(1) For the first offense, is guilty of a gross misdemeanor.
(2) For any subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. A person convicted of violating any of the provisions of subsection 1 may not be:
(a) Paroled unless a board consisting of:
(1) The administrator of the mental hygiene and mental retardation division of the department of human resources or his designee;
(2) The director of the department of prisons or his designee; and
(3) A psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada,
certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others.
(b) Released on probation unless a psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.
3. As used in this section, the "infamous crime against nature" means anal intercourse, cunnilingus or fellatio between natural persons of the same sex. Any sexual penetration, however slight, is sufficient to complete the infamous crime against nature.
Sec. 5 NRS 201.230 is hereby amended to read as follows:
201.230 1. A person who willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of that child, is guilty of a category [B] A felony and shall be punished by imprisonment in the state prison for [a minimum term of not less than 2 years and a maximum term of not more than] life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years [,] has been served, and may be further punished by a fine of not more than $10,000.
2. A person convicted of violating any of the provisions of subsection 1 must not be:
(a) Paroled unless a board consisting of:
(1) The administrator of the mental hygiene and mental retardation division of the department of human resources;
(2) The director of the department of prisons; and
(3) A psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada,
certifies that the person so convicted was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others. For the purposes of this paragraph, the administrator and the director may each designate a person to represent him on the board.
(b) Released on probation unless a psychologist licensed to practice in Nevada or a psychiatrist licensed to practice medicine in Nevada certifies that the person so convicted is not a menace to the health, safety or morals of others.
Sec. 6 Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:
1. As a condition of releasing on parole a prisoner who was convicted of committing an offense listed in subsection 2 against a child under the age of 14 years the board shall:
(a) Require the parolee to participate in psychological counseling;
(b) Prohibit the parolee from being alone with a child unless another adult who has never been convicted of a sexual offense is present; and
(c) Prohibit the parolee from being on or near the grounds of a public or private school.
2. The provisions of subsection 1 apply to a prisoner who was convicted of:
(a) Sexual assault pursuant to paragraph (c) of subsection 3 of NRS 200.366;
(b) Abuse or neglect of a child pursuant to paragraph (a) of subsection 2 of NRS 200.508;
(c) An offense punishable pursuant to subsection 2 of NRS 200.750;
(d) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 201.195;
(e) Lewdness with a child pursuant to NRS 201.230; or
(f) Any combination of the crimes listed in paragraphs (a) to (e), inclusive.
Sec. 7 NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.157, inclusive, and section 6 of this act, unless the context otherwise requires:
1. "Board" means the state board of parole commissioners.
2. "Chief" means the chief parole and probation officer.
3. "Division" means the division of parole and probation of the department of motor vehicles and public safety.
4. "Residential confinement" means the confinement of a person convicted of a crime to his place of residence under the terms and conditions established by the board.
5. "Sex offender" means any person who has been or is convicted of a sexual offense.
6. "Sexual offense" means:
(a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450;
(b) An attempt to commit any offense listed in paragraph (a); or
(c) An act of murder in the first or second degree, kidnaping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.
7. "Standards" means the objective standards for granting or revoking parole or probation which are adopted by the board or the chief.
Sec. 8 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 9 The provisions of this act do not apply to offenses that are committed before October 1, 1997.".
Amend the title of the bill to read as follows:
Senate Bill No. 125.
Bill read second time.
The following amendment was proposed by the Committee on Labor and Management:
Amendment No. 246.
Amend sec. 2, page 2, by deleting lines 30 and 31 and inserting:
"(b) Receives compensation or remuneration based on sales to customers rather than for the number of hours that ".
Amend sec. 3, page 3, by deleting lines 16 and 17 and inserting:
"(b) Receives compensation or remuneration based on sales to customers rather than for the number of hours that ".
Assemblywoman Krenzer moved the adoption of the amendment.
Remarks by Assemblywoman Krenzer.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Michele Choron, Kim Barranco, Donalin Lev, Ray Finnegan, Mike Doyle, Bill Tellez, Steve Main, Jeff Johnson, Steve Clinefelter, Rich Sandstock, Jim Rowley and Cindy McEwan.
On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Robert Vadasy.
Assemblyman Perkins moved that the Assembly adjourn until Thursday, May 1, 1997 at 10:45 a.m.
Motion carried.
Assembly adjourned at 12:47 p.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly