NEVADA LEGISLATURE
Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND FOURTEENTH DAY
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Carson City (Tuesday), May 13, 1997
Assembly called to order at 10:52 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend William L. McCord.
Gracious Lord, I ask Your blessing on each of those gathered here this day. As the days of this legislative session increase in number may they receive the strength they need from You. May their powers of discernment have clarity as they seek what is right and just for all the people they represent. Give them the courage of their convictions and may they hear the inner word that brings peace, "well done thy good and faithful servant." To the God that makes all things possible 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.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce, to which was referred Assembly Bill No. 400, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Richard Perkins,
Chairman
Mr. Speaker:
Your Committee on Commerce, to which were referred Assembly Bills Nos. 156, 309; Senate Bill No. 96, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Richard Perkins,
Chairman
Mr. Speaker:
Your Committee on Education, to which was referred Assembly Concurrent Resolution No. 10, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Wendell P. Williams,
Chairman
Mr. Speaker:
Your Committee on Education, to which were referred Senate Bills Nos. 51, 54 , 294, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Wendell P. Williams,
Chairman
Mr. Speaker:
Your Committee on Labor and Management, to which was re-referred Assembly Bill No. 115, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.
Saundra Krenzer,
Chairman
Mr. Speaker:
Your Committee on Natural Resources, Agriculture, and Mining, to which was referred Senate Bill No. 27, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Marcia de Braga,
Chairman
MESSAGES FROM THE SENATE
Senate Chamber, Carson City, May 9, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed, as amended, Assembly Bill No. 201.
Mary Jo Mongelli
Assistant Secretary of the Senate
Senate Chamber, Carson City, May 12, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 102, 134, 159, 231, 241, 261, 328.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Assembly Bills Nos. 29, 122 and respectfully requests your honorable body to concur in said amendments.
Mary Jo Mongelli
Assistant Secretary of the Senate
Senate Chamber, Carson City, May 13, 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. 36.
Mary Jo Mongelli
Assistant Secretary of the Senate
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 10:57 a.m.
ASSEMBLY IN SESSION
At 10:58 a.m.
Madam Speaker pro Tempore presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Dini, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Ernaut, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams:
Assembly Concurrent Resolution No. 24--Memorializing long-time Nevada Legislator, Senator Keith Ashworth.
Whereas, It is with profound sadness and regret that members of the Nevada Legislature note the passing of their colleague Senator Keith Ashworth on September 30, 1996; and
Whereas, Lloyd Keith Ashworth was born in Kimberly, Nevada, on September 4, 1924, to Earl and Mary Jane Oxborrow Ashworth; and
Whereas, Keith Ashworth graduated from White Pine High School in Ely, Nevada, in 1943, and 2 years later married his high school sweetheart, Colleen Christensen; and
Whereas, After enlisting in the Army Air Corp, Keith Ashworth became a fighter pilot during World War II; and
Whereas, Keith Ashworth and his brother, Don, established the accounting firm known as Ashworth and Ashworth in Las Vegas; and
Whereas, He later joined the Del Webb Corporation and became Senior Vice President for Community and Government Relations; and
Whereas, More recently, as Executive Vice President of Nevada Power Company, Keith Ashworth had worked as a lobbyist for that company; and
Whereas, Keith Ashworth began his 18-year legislative career when he was elected to the Nevada Assembly in 1967, serving as Speaker of the Assembly during the 1973 and 1975 legislative sessions; and
Whereas, In 1976, Keith Ashworth was elected to the Senate, and as a Senator he served as chairman of the Taxation Committee, Human Resources and Facilities Committee and Government Affairs Committee and was selected to be chairman of the Legislative Commission on two occasions; and
Whereas, Senator Ashworth was respected by all who knew and worked with him, not only for his acute understanding and protection of the best interests of this state, but for his kind, cheerful and warm personality which always brought smiles to those he passed in the legislative hallways; and
Whereas, Keith Ashworth was a member of the Zelzah Shrine, Masonic Daylite Lodge, Jesters, Scottish Rites, Salvation Army and served as President of the Las Vegas Rotary Club, President and life member of the Las Vegas Jaycees, and was a member of the board of directors of the Las Vegas Chamber of Commerce, United Fund, American Bank of Commerce and Valley Hospital; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th Session of the Nevada Legislature express their heartfelt sympathy and sincere condolences to the family and friends of Senator Keith Ashworth; and be it further
Resolved, That Senator Ashworth will long be remembered with the highest regard by his fellow legislators for his compassion, his patient attention to the needs of others and his refreshing sense of humor; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Keith Ashworth's loving wife of 51 years, Colleen, and their sons, Glen, Ken and Brian.
Assemblyman Dini moved the adoption of the resolution.
Remarks by Assemblymen Dini, Goldwater, Price, Carpenter, Perkins, Marvel, Collins, Bache, Ohrenschall and Giunchigliani.
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblyman Dini:
Madam Speaker pro Tem, members of the House and our guests. It is a privilege for me to talk about my friend, Keith Ashworth. I remember the first day I met him in 1967. We served our first session together in the old Capitol Building. At that time, pre-session orientation amounted to getting on a bus and being taken around to see the historic sites and the restaurants in Carson City. Keith got off the bus, walked up to me and said, "Joe, I want to shake your hand. I'm one of those Clark County so-and-sos, but I'm not a bad guy." And he proved that.
Keith was a native Nevadan. He grew up in Ely and then went into the Air Force. Keith was in the accounting business in Las Vegas with his brother. Later on, he was a lobbyist and worked for Nevada Power Company.
I was talking to Mouryne the other day, and she said that Keith hired her for the Chief Clerk's job in 1973. A little joke between them was that she had said to him, "Well, I have never been Chief Clerk so I don't know if I can handle it or not." And Keith said to her, "Well, you don't have to worry. I've never been Speaker, either, but they won't know what we're doing, and we can always call a recess." That was his theory.
Keith gave me the training and the background to be in a leadership position. He gave me the privilege of leadership in 1973 when I served as Speaker pro Tem, and then in 1975, he allowed me to serve as Majority Leader. I also served as Chairman of the Committee on Government Affairs under Keith. I think Keith had a style of his own. If he trusted you, he would give you the shirt off his back, and that's the way he treated me as a committee chairman. He never came to me in Government Affairs and told me that I had to pass this bill or kill that bill. He trusted me to do the job for the citizens of Nevada, and that is all that interested him. I hope that I have relayed that same style to my chairmen.
Mrs. Brookman made a blooper one day and called Keith "Mr. Spooker." That stayed with him for a good number of years. I understand that the first session Keith was Speaker, the Sergeant at Arms he hired had long hair. Keith took him to his barber in Las Vegas for a haircut.
Keith worked on some tough legislation and he did the things that were right. He was the chairman of the Legislative Commission the year we did TRPA. He went out of his way to do a good job, and when he was in this House, he was an outstanding leader. He certainly helped us through some tough times in the '60s and early '70s with his leadership.
The thing that Keith really liked to do best was to come here every morning and give me some advice about how I ought to run the session. That was always kind of funny. I don't have that this year; maybe that's why we're going a little slower. Keith would also go to see the Chief Clerk and give her his advice on what I ought to be doing.
When we had the old roll call board in Chambers, Keith thought he was the only guy who could fix it. When it was originally installed, Keith was Speaker and he learned how to make a few adjustments when it went out; so if it went out, he'd come running down here to fix it. Now we don't have a fixer, and instead of the old board, we've got this thing--and we don't know whether it's going to work or not every time we punch it.
Keith and I had great experiences together in life, both professionally and as friends. On behalf of the Assembly, I would like to extend our regards to Keith's family.
Although the pain of your loss will never go away, we hope that time will ease your grief. We're so happy you came here with us, and we hope that everybody supports the resolution.
Assemblyman Goldwater:
I rise in support of ACR 24. Keith Ashworth was a fine gentleman. I've known him most of my life. When I got involved in politics, he was one of the first people to call and congratulate me. He asked to talk and meet with me, and I was extremely nervous. Keith's smile, his tone of voice and his mannerisms made me feel like everything would be okay. He was a fine gentleman, a true Nevadan and generally a great guy.
Assemblyman Price:
I am pleased to have the opportunity to say a few words about Keith, of whom I, and many others, were so very fond. In addition to echoing the Speaker on what a great legislator Keith was, I'll have to tell you about my first political beginnings with Keith.
As most of my colleagues and friends know, I came out of the labor movement.
When I was first elected in 1974, Keith had been the Speaker the prior session and was attempting--and he did, in fact, make some history--to become the first legislator, the first House member in our state to serve as Speaker two times in a row. Historically, Nevada had had a Speaker for one session only up until Keith, and later, of course, Mr. Dini. Keith was vying to become Speaker for the second time. As I indicated, I came out of labor, and Chet Christensen, another very fine Assemblyman who recently passed away, was also vying to be Speaker. Chet, of course, had the labor background, and the labor people were backing Chet. Now, I knew nothing; I had driven to Carson City and I knew nothing about politics. I thought, "Well, if my labor buddies were supporting Chet Christensen, whoever he is, well, he must be the person." I came up here and I supported Chet; Keith, of course, had more than adequate votes and became Speaker. Keith did a great service for me, and I say this jokingly, but it worked out so well. He appointed me to probably the most important committee to the City of North Las Vegas, the Agriculture Committee. As things always have a way of working out, Senator Hickey was chairing the Agriculture Committee that year. He was a person who always believed in taking hearings around the state and going out and meeting Nevadans in all the various cities. In actual fact, this became the first time that I actually got to know Nevada by going to all of the towns--Winnemucca, Elko, and Ely and everyplace else--and so it was really, in the final analysis, a wonderful experience. Keith, of course, went over to the Senate and was an excellent senator.
I can tell you that all of us who worked with Keith had nothing but the highest respect for him. Nevada is fortunate to have had someone of his caliber serving us for those years, and I certainly strongly support ACR 24.
Assemblyman Carpenter:
I, too, stand in support of ACR 24. When I came to the Assembly, I was strictly a novice. Keith Ashworth and I had some roots back to rural Nevada, both graduating from White Pine High School. Whenever I asked Keith for advice, he gave it to me truthfully and just the way it was. I'll always remember him as a great gentleman and a real friend.
Assemblyman Perkins:
I, too, rise in support of the resolution. Like our colleague from Elko, I certainly appreciated Mr. Ashworth's candor and his approach whenever you had a question for him.
The one thing I do remember most about Keith, however, is his compassion. Away from this body, I had an opportunity to interact with Keith as it related to a power issue. During my service as a police officer, we happened across a family who was using power in a way that is not quite legal in our state, but they did it because, number one, they did not have the funds to pay their bill, and number two, they had a small child that needed the power for a machine that actually kept the child alive. When I contacted Keith in regard to that situation, he was very helpful; he made contact with the family for me and actually rectified their situation so that that child could have the power that it needed for the equipment that sustained his life.
We have folks here that have many, many memories of Keith and the things he contributed to our state. The resolution says it best. Keith will go down in our history as one of the great legislators of our time.
Thank you, Madam Speaker pro Tem.
Assemblyman Marvel:
I, too, rise in support of ACR 24. It was a pleasure to serve with Keith, not only in the Legislature, but also to have Keith out in the halls as a lobbyist. My son also had the pleasure of serving with Keith on the Nevada Tax Commission.
I will always remember that Keith was quite a gourmet chef during the sessions. Senator Glaser and I used to save these little goodies from our brandings, and everybody in the Legislature used to look forward to mountain oysters. You wouldn't tell those people who didn't know what mountain oysters were. I think Keith had about 63 people enjoying mountain oysters before it was over with.
Keith will be missed very, very dearly. Probably one of his most brilliant strokes was when he changed parties from Democrat to Republican.
Assemblyman Collins:
I rise, also, in support of ACR 24. I worked with Keith in the legislature in 1993, and I also knew him when I was an employee at Nevada Power Company. Keith always talked to you straight. Although I wasn't here in 1995, Keith was still a good friend. We could sit at a shareholders' meeting, eat a cookie that we both knew we didn't need and have a good time together. I'm very grateful for his influence on me, both on local issues in southern Nevada as well as in the Legislature.
Keith was also a constituent in Assembly District 1, so I wanted to rise in support of this resolution and express that he will be missed.
Assemblyman Bache:
I rise, too, in support of this resolution. Back in the late '70s and '80s, I appreciated Mr. Ashworth for his ability and what he did as a legislator. Now that I, too, am serving here in my fourth term, his ability as a lobbyist was something I greatly appreciated. Keith would not only argue for his clients. Afterwards, he would come and talk to me and tell me what he would do as a legislator, forgetting his position as a lobbyist on that particular issue. I miss Keith and the sage advice and wisdom that he could have provided me this session.
Assemblywoman Ohrenschall:
I, too, have known Keith Ashworth for a long, long time. He gave me a lot of valuable advice. He helped in many ways. His last act that I know of, just before he went into the hospital, was to return my call and to try to help a family in my district that needed help just on a general humanitarian basis. He was a great man.
Assemblywoman Giunchigliani:
Just prior to my colleague, I was going to say, "Wait a minute. Something is wrong here with this picture. No woman has stood up to speak in behalf of Keith and to remember him." I know that Keith had a very good working relationship with many of the women up here, both lobbyists as well as in the Assembly. I just want to say that I think he'd get a kick out of it.
The main thing I remember about Keith was his sense of humor. He loved to tease. He always had just a little twist or a little tweak or a little way to say something. He was always a gentleman, and I think that was the key to his success. He was able to work with both sides regardless of party.
As a final note, I would say that Papa Gar's probably thanks Keith immensely for all the years that he held many, many meetings at that place. It is always a delight to still go in there and have a bite of breakfast or something and look at all the pictures on the wall with him and Robbie Robinson. I do acknowledge to the family that he is missed, but he was a good friend to many, many people.
Assemblyman Dini:
It is indeed my pleasure to have the family of Keith Ashworth here with me today. His wife, Colleen, is here to my left. We also have son Glen and wife Karina, son Ken and wife Cindy; son Brian and wife Heidi; grandchildren Matthew, Justin, Cassidy and Megan; and friend Ann Busch. We are very happy that they all came to visit us today. I want to present this resolution to Colleen on behalf of the Assembly, and we have one for each of your sons. We're so happy that you did come today, because we wanted to honor Keith, and we wanted you to be here when we did it. As you can tell, Keith left a lot of fond memories here, and we hope that we helped refresh your mind about some of the things he did while he was here.
Resolution adopted.
Assemblyman Dini moved that all rules be suspended and that Assembly Concurrent Resolution No. 24 be immediately transmitted to the Senate.
Motion carried unanimously.
Madam Speaker pro Tempore announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 11:19 a.m.
ASSEMBLY IN SESSION
At 11:22 a.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 36.
Assemblyman Hettrick moved the adoption of the resolution.
Remarks by Assemblymen Hettrick and Goldwater.
Resolution adopted.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Taxation:
Assembly Bill No. 476--An Act relating to taxation; providing an exemption from the taxes for real and personal property of certain apprentice programs; and providing other matters properly relating thereto.
Assemblyman Price moved that the bill be referred to the Committee on Taxation.
Motion carried.
By the Committee on Commerce:
Assembly Bill No. 477--An Act relating to health insurance; requiring certain policies of health insurance to include coverage for the management and treatment of diabetes; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.
By Assemblywoman Giunchigliani:
Assembly Bill No. 478--An Act relating to elections; authorizing the appointment of pollwatchers to observe the conduct of elections; authorizing a registered voter who is physically disabled to designate a person to mark and sign an absent ballot on behalf of the voter under certain circumstances; providing a procedure for hearing and deciding a contest of the election of a legislator; increasing the period of residency for a candidate for public office; requiring a county clerk to publish notice before consolidating two or more contiguous election precincts; prohibiting the establishment of an absent ballot mailing precinct within the boundaries of an incorporated city; requiring a candidate for a nonpartisan office who receives a majority of the votes in a primary election or primary city election to be declared the nominee for that office; reducing the period for early voting by personal appearance; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblywoman de Braga:
Assembly Bill No. 479--An Act relating to taxation; revising the provisions governing the computation of the business tax to exclude certain employees; and providing other matters properly relating thereto.
Assemblywoman de Braga moved that the bill be referred to the Committee on Taxation.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Assembly Bill No. 361 be taken from the Chief Clerk's desk and placed on the General File immediately following Assembly Bill No. 364.
Remarks by Assemblyman Anderson.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 142.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 333.
Amend the bill as a whole by deleting sections 1 through 3, renumbering sec. 4 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. Chapter 179A of NRS is hereby amended by adding thereto a new section to read as follows:
1. An employer that is a nonprofit organization or a governmental agency other than a county school district and whose volunteers regularly render services to children shall:
(a) Adopt and enforce policies and procedures that:
(1) Prohibit a volunteer from being in a secluded environment with a child unless another adult reasonably has immediate and free access to the secluded environment; and
(2) Require each volunteer to read the policies and procedures and sign a form stating that he has read and understands them before beginning volunteer service for the employer;
(b) Establish an informational program for volunteers that:
(1) Is designed to familiarize each volunteer with the generally applicable policies and procedures;
(2) Sets forth specific behaviors that are, in relation to the specific activities that the volunteers will be engaging in with children, acceptable and unacceptable;
(3) Informs each volunteer that the children have been trained to recognize molestation and attempted molestation and report it; and
(4) Teaches each volunteer to recognize common strategies and situations used by molesters that can lead to attempted molestation;
(c) Establish an informational program for each child who desires to participate in regularly scheduled activities of the employer that is designed to be administered by the parent or guardian of the child to teach the child to:
(1) Recognize common strategies and situations used by molesters that can lead to molestation or attempted molestation;
(2) Resist attempts of child molesters; and
(3) Report persons who attempt molestation to the parent or guardian of a child or to another trusted adult; and
(d) Require, as a condition of participation by the child in the activities of the employer, that the parent or guardian of the child receive a copy of the policies and procedures and sign a form prepared by the employer affirming that the parent or guardian has read the policies and procedures and has discussed them with the child.
2. An employer may seek assistance concerning the duties imposed by this section from the division of child and family services of the department of human services pursuant to section 3 of this act.
3. As used in this section, "volunteer" means a person who renders time and services to an employer without compensation and whose course of duties regularly places that person in a position to:
(a) Exercise supervisory or disciplinary control over children; or
(b) Have direct access to or contact with children served by the employer.".
Amend sec. 4, page 2, line 23, by deleting:
"sections 2 and 3" and inserting "section 1".
Amend sec. 4, page 2, line 32, by deleting the brackets.
Amend sec. 4, page 2, by deleting lines 39 and 40.
Amend the bill as a whole by deleting sec. 5 and adding a new section designated sec. 3, following sec. 4, to read as follows:
"Sec. 3. Chapter 432 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The administrator shall, by regulation, establish a program to support the effort of the State of Nevada to protect children from child molesters as set forth in section 1 of this act. The program may include, without limitation, the development of:
(a) Sample documents and language for use by employers who are developing forms, policies and procedures, or other documents in accordance with section 1 of this act; and
(b) A uniform system of identifying persons who have participated in an informational program for volunteers that is sufficient to meet the requirements of paragraph (b) of subsection 1 of section 1 of this act.
2. The administrator may take such other actions as he deems appropriate to increase public awareness of the issue of protecting children from child molesters.".
Amend the title of the bill to read as follows:
- "AN ACT relating to sexual offenses; requiring certain employers whose volunteers regularly render services to children to adopt certain policies and procedures and to establish certain informational programs for volunteers and children related to the prevention of the molestation of children; requiring certain parents and guardians to read such policies and procedures to their children as a condition to participation by the child in certain activities of the employer; requiring the administrator of the division of child and family services of the department of human resources to establish a program to support the effort to protect children from child molesters; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
- "SUMMARY--Makes various changes concerning protection of children from molestation committed by volunteers of certain employers. (BDR 14-86)".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Assemblyman Anderson moved that Assembly Bill No. 142 be re-referred to the Committee on Judiciary.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Judiciary.
Assembly Bill No. 177.
Bill read second time.
The following amendment was proposed by the Committee on Education:
Amendment No. 311.
Amend the bill as a whole by deleting sections 1 and 2 and adding new sections designated sections 1 through 4, following the enacting clause, to read as follows:
"Section 1 On or before September 1, 1997, the board of trustees of a school district in a county whose population is 100,000 or more shall:
1. Establish and maintain a toll-free telephone number for members of the general public to report anonymously any incident or occurrence in the school district involving the apparent waste of goods, products, money or other financial resources of a public school or of the school district, or both;
2. Ensure that all information reported pursuant to subsection 1 is kept confidential;
3. Cause the posting in each public school in the school district of appropriate signs designed to provide continual notice of the availability of the telephone number and its purpose;
4. Cause information regarding the availability of the telephone number and its purpose to be published on or before September 1, 1997, and on or before July 1, 1998, in a newspaper of general circulation in the county in which the school district is located;
5. Provide written notice of the availability of the telephone number and its purpose to the parent or legal guardian of each pupil who is enrolled in a public school in the school district at the beginning of each school year; and
6. At least twice each month, review the number of telephone calls received from members of the general public using the telephone number and evaluate the benefit, if any, of receiving those telephone calls in correcting and reducing waste in the school district.
Sec. 2 On or before December 31, 1998, the board of trustees of each school district that is required to establish and maintain a toll-free telephone number pursuant to section 1 of this act shall submit a written report to the Director of the Legislative Counsel Bureau for transmission to the 70th session of the Nevada Legislature. The written report must include an evaluation of the effectiveness of the telephone calls received from members of the general public using the toll-free telephone number in correcting and reducing waste in the school district.
Sec. 3 1. There is hereby appropriated from the state general fund to the Department of Education the sum of $78,935 for distribution among the boards of trustees of the school districts that are required to establish and maintain a toll-free telephone number pursuant to section 1 of this act. The money must be used by the boards of trustees to carry out the duties prescribed in section 1 of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after December 31, 1998, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4 This act becomes effective on July 1, 1997, and expires by limitation on December 31, 1998.".
Amend the title of the bill, third line, after "resources;" by inserting:
"making an appropriation;".
Amend the summary of the bill, third line, by deleting "(BDR 34-856)" and inserting "(BDR S-856)".
Assemblywoman Von Tobel moved the adoption of the amendment.
Remarks by Assemblywoman Von Tobel.
Amendment adopted.
Assemblyman Williams moved that Assembly Bill No. 177 be re-referred to the Committee on Ways and Means.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Ways and Means.
Assembly Bill No. 272.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 332.
Amend the bill as a whole by deleting sections 1 through 4 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
"Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The operator of a motor vehicle, when passing a bus, shall not prematurely enter the lane of traffic in which the bus is proceeding or otherwise maneuver the motor vehicle so as to cause the driver of the bus to:
(a) Stop the bus abruptly;
(b) Swerve or take any other evasive action intended to avoid a collision; or
(c) Be involved in an accident.
2. As used in this section, "bus" means a school bus or a bus owned by a public transit system.
Sec. 2. 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.".
Amend the title of the bill to read as follows:
- "AN ACT relating to traffic laws; prohibiting an operator of a motor vehicle, when passing a bus, from maneuvering the motor vehicle so as to cause the driver of the bus to engage in evasive action or be involved in an accident; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
- "SUMMARY--Prohibits operator of motor vehicle from engaging in certain conduct that affects driver of bus. (BDR 43-87)".
Assemblyman Nolan moved the adoption of the amendment.
Remarks by Assemblyman Nolan.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 77.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 331.
Amend section 1, page 1, line 4, by deleting "2," and inserting:
"2 [,] or 3,".
Amend section 1, page 2, after line 5, by inserting:
"3. A person who is the age of 65 years or over who lives 65 miles or more from the court is exempt from serving as a grand or trial juror. Whenever it appears to the satisfaction of the court, by affidavit or otherwise, that a juror is the age of 65 years or over and lives 65 miles or more from the court, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.".
Amend the title of the bill, second line, after "juror;" by inserting:
"providing that a person who is the age of 65 years or over and who lives 65 miles or more from the court may be exempt from service as a grand or trial juror;".
Amend the summary of the bill to read as follows:
- "SUMMARY--Makes various changes concerning exemption from service as grand or trial juror. (BDR 1-790)".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 176.
Bill read second time and ordered to third reading.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblywoman de Braga:
Assembly Bill No. 480--An Act making an appropriation for the relief of White Pine County School District; and providing other matters properly relating thereto.
Assemblywoman de Braga moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 176.
Bill read third time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 334.
Amend sec. 11, page 11, by deleting lines 19 through 21.
Amend sec. 11, page 11, line 22, by deleting "3." and inserting "2.".
Amend sec. 11, page 11, line 24, by deleting "[3.] 4." and inserting "3.".
Amend sec. 11, page 11, line 27, by deleting "[4.] 5." and inserting "4.".
Amend sec. 11, page 11, line 30, by deleting "[5.] 6." and inserting "5.".
Amend sec. 11, page 11, line 33, by deleting "[6.] 7." and inserting "6.".
Amend sec. 11, page 11, line 36, by deleting "[7.] 8." and inserting "7.".
Amend sec. 11, page 11, line 37, by deleting "[8.] 9." and inserting "8.".
Amend sec. 11, page 11, line 40, by deleting "[9.] 10." and inserting "9.".
Amend the bill as a whole by renumbering sec. 17 as sec. 18 and adding a new section designated sec. 17, following sec. 16, to read as follows:
"Sec. 17. Section 2 of Assembly Bill No. 39 of this session is hereby amended to read as follows:
Sec. 2. NRS 62.211 is hereby amended to read as follows:
62.211 1. Except as otherwise provided in NRS 62.212 [,] and section 1 of this act, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorney's fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the child's driver's license for at least 90 days but not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from receiving a driver's license for at least 90 days but not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to receive a driver's license.
(2) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to receive a license on the date of the order.
If the court issues an order suspending the driver's license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to receive a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
2. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
3. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
4. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
5. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child's educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
6. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.".
Amend the title of the bill, by deleting the third and fourth lines and inserting:
"alcohol;".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Assemblyman Anderson moved that Assembly Bill No. 176 be re-referred to the Committee on Ways and Means.
Motion carried.
Bill ordered reprinted, re-engrossed and to the Committee on Ways and Means.
Assembly Bill No. 364.
Bill read third time.
Remarks by Assemblymen Ernaut and Goldwater.
Roll call on Assembly Bill No. 364:
Yeas--41.
Nays--Collins.
Assembly Bill No. 364 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 361.
Bill read third time.
The following amendment was proposed by Assemblyman Bache:
Amendment No. 335.
Amend section 1, page 1, by deleting lines 3 and 4 and inserting:
"1. Only a public agency may exercise the general power of eminent domain. The power of eminent domain may be exercised by a person who is not a public agency only if the person is authorized by a specific statute to do so.".
Amend the title of the bill, first and second lines, by deleting:
"for byroads to" and inserting:
"by persons who are not".
Amend the summary of the bill, first line, by deleting:
"for byroads to" and inserting:
"by persons who are not".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblymen Bache, Buckley, Lambert, Price and Anderson.
Assemblyman Price requested that Assemblyman Bache's remarks be entered in the Journal.
Thank you, Mr. Speaker. Through you to the representative from District 29. Yes, it is my intent to prohibit homeowners' associations from being able to use the power of eminent domain, yes.
Assemblyman Anderson moved that Assembly Bill No. 361 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Anderson.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Senate Bills Nos. 68, 98, 178, 202, 249 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to Cindy Harger, William Schaffer, Michelle Zirbel, Vickie Padilla, Patricia Madison, Francine Taylor, Elizabeth Reese, Xians Yan Mar, Beverly Sharp, Angelica Aparicio, Zachary Carter, Paul Cody, Tyler Cross, Maxwell Floyd, Stephanie Harger, Joshua Herzer, Christopher Hines, Jimmie Mar, Jennifer Martin, Chelzie Mendonca, Arnold Mira, Valerie Padilla, Cory Parker, Wesley Rasmussen, Amanda Reese, Jim Robinson, Leland Schaffer, Dannyn Smith, Niantara Summers, Rosemary Tavares, Lindsay Welty and Chelsea Zirbel.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Lilian Hickey.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Colleen Ashworth, Glen Ashworth, Karina Ashworth, Ken Ashworth, Cindy Ashworth, Brian Ashworth, Heidi Ashworth, Matthew Ashworth, Justin Ashworth, Cassidy Ashworth, Megan Ashworth and Ann Busch.
On request of Assemblyman Hickey, the privilege of the floor of the Assembly Chamber for this day was extended to Bruce Barnum.
On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Harry Swanson and Louis Capurro.
On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Charles Perry, Jr.
On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Marian Howard, Barbara Lespade, Karen Knisley and Ray Knisley.
On request of Assemblyman Mortenson, the privilege of the floor of the Assembly Chamber for this day was extended to Tom Hickey.
On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Ralph Keetch and Diane Keetch.
On request of Assemblywoman Ohrenschall, the privilege of the floor of the Assembly Chamber for this day was extended to Jack Schofield.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Alfred Alleman, Wilbur Faiss and John Ponticello.
On request of Assemblyman Sandoval, the privilege of the floor of the Assembly Chamber for this day was extended to James Bailey.
Assemblyman Perkins moved that the Assembly adjourn until Wednesday, May 14, 1997 at 10:30 a.m.
Motion carried.
Assembly adjourned at 12:30 p.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly