ASSEMBLY DAILY JOURNAL
_______________
THE ONE HUNDRED AND THIRTY-FIFTH DAY
_______________
Carson City (Tuesday), June 3, 1997
Assembly called to order at 11:07 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Lisa Schilbe.
Gracious and merciful God, we thank You that Your mercies are new every morning. In the newness of this day, we ask that You refresh our spirits and empower us with Your peace and wisdom. Be in our words, thoughts and actions that they might seek to bring reconciliation and unity not division and strife. Bless our time this morning as we come together to serve the people of Nevada. Grant us joy as we ask this in Your name.
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.
Vivian L. Freeman,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Senate Bill No. 277, 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 Natural Resources, Agriculture, and Mining, to which were referred Assembly Bill No. 452; Assembly Joint Resolution No. 13, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Marcia de Braga,
Chairman
Mr. Speaker:
Your Committee on Natural Resources, Agriculture, and Mining, to which were referred Assembly Bill No. 369; Senate Joint Resolution No. 6, 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
Mr. Speaker:
Your Committee on Taxation, to which was referred Assembly Bill No. 476, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended and re-refer to the Committee on Ways and Means.
Robert E. Price,
Chairman
Mr. Speaker:
Your Committee on Transportation, to which was referred Assembly Bill No. 365, 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
Mr. Speaker:
Your Committee on Ways and Means, to which were referred Assembly Bill No. 533; Senate Bill No. 337, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Morse Arberry, Jr.,
Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 437, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, as amended.
Morse Arberry, Jr.,
Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 150, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry, Jr.,
Chairman
Senate Chamber, Carson City, June 2, 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. 192, 364, 382.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Assembly Bill No. 133.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 171, 196, 306, 335, 338.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 228, 242, 283, 320.
Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators McGinness, Adler and Jacobsen as a first Committee on Conference concerning Senate Bill No. 27.
Mary Jo Mongelli
Assistant Secretary of the Senate
By the Committee on Health and Human Services:
Assembly Concurrent Resolution No. 37--Urging the Legislative Counsel to recodify certain existing statutes in the criminal law title concerning smoking in public places in the public health title.
Assemblywoman Freeman moved that the resolution be referred to the Committee on Health and Human Services.
Motion carried.
Assembly Concurrent Resolution No. 23.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 463.
Amend the preamble of the resolution, page 1, by deleting lines 10 through 18 and inserting:
"Whereas, A basic amount of water is necessary for the life-sustaining activities of all residents of mobile parks; and
Whereas, All mobile home parks which are constructed after October 1, 1995, in counties whose population is 400,000 or more are required by statute to provide direct water service to individual meters for each lot; and
Whereas, Mobile home parks that were constructed before October 1, 1995, may, but are not required by statute to, convert to individual water meters for each lot; and
Whereas, The method of charging residents of mobile parks for water should ensure fairness and affordability for those residents; now, therefore, be it".
Assemblyman Perkins moved the adoption of the amendment.
Remarks by Assemblyman Perkins.
Amendment adopted.
Resolution ordered reprinted, engrossed and to the Resolution File.
Senate Bill No. 196.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 228.
Assemblywoman Buckley moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 242.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce.
Motion carried.
Senate Bill No. 283.
Assemblywoman Buckley moved that the bill be referred to the Committee on Infrastructure.
Motion carried.
Senate Bill No. 306.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce.
Motion carried.
Senate Bill No. 320.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce.
Motion carried.
Senate Bill No. 335.
Assemblywoman Buckley moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 338.
Assemblywoman Buckley moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Assemblyman Perkins moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 11:26 a.m.
At 12:25 p.m.
Mr. Speaker presiding.
Quorum present.
Assembly Bill No. 123.
Bill read second time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 460.
Amend the bill as a whole by deleting sections 1 through 6 and inserting:
"Secs. 1-6. (Deleted by amendment.)".
Amend sec. 8, page 4, line 13, by deleting "and micrographics".
Amend sec. 8, page 4, line 37, by deleting "and micrographics".
Amend sec. 10, page 5, by deleting lines 15 and 16 and inserting:
"(a) Include:
(1) A statement of the need for and purpose of the proposed regulation.".
Amend sec. 10, page 5, line 19, by deleting "The" and inserting:
"A statement of the".
Amend sec. 10, page 5, line 26, by deleting "Any" and inserting:
"A description of any".
Amend sec. 10, page 5, line 28, after "necessary." by inserting:
"If the regulation overlaps or duplicates a federal regulation, the notice must include the name of the regulating federal agency.
(6) If the regulation is required pursuant to federal law, a citation and description of the federal law.
(7) If the regulation includes provisions which are more stringent than a federal regulation that regulates the same activity, a summary of such provisions.".
Amend sec. 10, page 5, line 29, by deleting "(6)" and inserting "(8)".
Amend sec. 11, page 6, line 9, by deleting "agency regulation" and inserting:
"regulation of an agency".
Amend sec. 11, page 6, lines 11 and 12 by deleting:
"policy, every permanent regulation [shall] must" and inserting:
"policy:
(a) The attorney general shall develop guidelines for drafting regulations; and
(b) Every permanent regulation must".
Amend sec. 11, page 6, line 15, by deleting "[shall] must" and inserting "must".
Amend sec. 13, page 6, by deleting lines 36 and 37 and inserting:
"2. The legislative counsel shall cause to be included in the Nevada Administrative Code the [date] :
(a) Date on which an agency last completed a review of its regulations pursuant to paragraph (e) of subsection 1 of NRS 233B.050 [.] ; and
(b) Citation of authority pursuant to which the agency".
Amend sec. 13, page 6, line 39, by deleting "3." and inserting "3.".
Amend sec. 13, page 6, line 40, by deleting "and micrographics".
Amend sec. 13, page 7, line 8, by deleting "[3.] 4." and inserting "4.".
Amend sec. 13, page 7, line 14, by deleting "[4.] 5." and inserting "5.".
Amend sec. 13, page 7, line 15, by deleting "and micrographics".
Amend the bill as a whole by adding a new section designated sec. 15, following sec. 14, to read as follows:
"Sec. 15. 1. This section and sections 7, 8, 9, 12 and 14 of this act, become effective on October 1, 1997.
2. Sections 10, 11 and 13 of this act become effective at 12:01 a.m. on October 1, 1997.".
Amend the title of the bill by deleting the first through fourth lines and inserting:
Assembly Bill No. 208.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 499.
Amend section 1, page 1, by deleting line 2 and inserting:
"4.063 1. [In a county whose population is 100,000 or more, the] The justice".
Amend section 1, page 1, by deleting lines 6 and 7 and inserting:
"and collect :
(a) In a county whose population is 100,000 or more but less than 400,000, a fee of not less than $5 but not more than $10; or
(b) In a county whose population is 400,000 or more, a fee of $5,
from the party commencing, answering or appearing in the action or proceeding. [These fees are] The fee required pursuant to this section is in addition to any other".
Amend sec. 2, page 2, by deleting line 11 and inserting:
"19.0313 1. [In a county whose population is 100,000 or more, the] The".
Amend sec. 2, page 2, by deleting lines 15 and 16 and inserting:
"is required, charge and collect :
(a) In a county whose population is 100,000 or more but less than 400,000, a fee of not less than $5 but not more than $10; or
(b) In a county whose population is 400,000 or more, a fee of $5,
from the party commencing, answering or appearing in the action or proceeding. [These fees are] The fee required pursuant to this section is in addition".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 259.
Bill read second time and ordered to third reading.
Assembly Bill No. 312.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 500.
Amend the bill as a whole by deleting sections 1 through 7 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:
"Section 1. NRS 50.310 is hereby amended to read as follows:
50.3101. The affidavit or declaration of a laboratory director who has qualified in the district court of any county as an expert witness to testify regarding the results of a test of a medical laboratory, is admissible in evidence in any civil, criminal or administrative proceeding to prove:
(a) That the affiant or declarant is a laboratory director.
(b) The results of a test that the medical laboratory is licensed to conduct and which is conducted by the medical laboratory of which the affiant or declarant is the laboratory director.
The affidavit or declaration must contain the evidentiary foundation upon which the results of the test are based, including , without limitation, the description of the test, the personnel involved and the controls employed in conducting the test.
2. As used in this section:
(a) "Laboratory director" has the meaning ascribed to it in NRS 652.050.
(b) "Medical laboratory" has the meaning ascribed to it in NRS 652.060.
Sec. 2. NRS 50.315 is hereby amended to read as follows:
50.3151. Except as otherwise provided in subsections 6 and 7, [a person's] the affidavit or declaration of a person is admissible in evidence in any criminal or administrative proceeding to prove:
(a) That [he] the affiant or declarant has been certified by the director of the department of motor vehicles and public safety as being competent to operate devices of a type certified by the committee on testing for intoxication as accurate and reliable for testing a person's breath to determine the amount by weight of alcohol in his breath;
(b) The identity of a person from whom the affiant or declarant obtained a sample of breath; and
(c) That the affiant or declarant tested the sample using a device of a type so certified and that the device was functioning properly.
2. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who prepared a chemical solution or gas that has been used in calibrating a device for testing another's breath to determine the amount of alcohol in his breath is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The [affiant's occupation;] occupation of the affiant or declarant; and
(b) That [he prepared a] the solution or gas [having] has the chemical composition necessary for accurately calibrating it.
3. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who calibrates a device for testing another's breath to determine the amount of alcohol in his breath is admissible in evidence in any criminal or administrative proceeding to prove:
(a) The [affiant's occupation;] occupation of the affiant or declarant;
(b) That on a specified date [he] the affiant or declarant calibrated the device at a named law enforcement agency by using the procedures and equipment prescribed in the regulations of the committee on testing for intoxication;
(c) That the calibration was performed within the period required by the committee's regulations; and
(d) Upon completing the calibration of the device, it was operating properly.
4. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration made under the penalty of perjury of a person who withdraws a sample of blood from another for analysis by an expert as set forth in NRS 50.320 is admissible in any criminal or administrative proceeding to prove:
(a) The occupation of the affiant or declarant;
(b) The identity of the person from whom the affiant or declarant withdrew the sample;
(c) The fact that the affiant or declarant kept the sample in his sole custody or control and in substantially the same condition as when he first obtained it until delivering it to another; and
(d) The identity of the person to whom the affiant or declarant delivered it.
5. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration of a person who receives from another a sample of blood or urine or other tangible evidence that is alleged to contain alcohol or a controlled substance, chemical, poison or organic solvent may be admitted in any criminal , civil or administrative proceeding to prove:
(a) The occupation of the affiant [;] or declarant;
(b) The fact that the affiant or declarant received a sample or other evidence from another person and kept it in his sole custody or control in substantially the same condition as when he first received it until delivering it to another; and
(c) The identity of the person to whom the affiant or declarant delivered it.
6. If, at or before the time of the trial, the defendant establishes that:
(a) There is a substantial and bona fide dispute regarding the facts in the affidavit or declaration; and
(b) It is in the best interests of justice that the witness who signed the affidavit or declaration be cross-examined,
the court may order the prosecution to produce the witness and may continue the trial for any time the court deems reasonably necessary to receive such testimony. The time within which a trial is required is extended by the time of the continuance.
7. During any trial in which the defendant has been accused of committing a felony, the defendant may object in writing to admitting into evidence an affidavit or declaration described in this section. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may cause the person to testify in court to any information contained in the affidavit or declaration.
8. The committee on testing for intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section.
Sec. 3. NRS 50.320 is hereby amended to read as follows:
50.320 1. The affidavit or declaration of a chemist and any other person who has qualified in the district court of any county to testify as an expert witness regarding the presence in the breath, blood or urine of a person of alcohol, a controlled substance, or a chemical, poison or organic solvent, or the identity or quantity of a controlled substance alleged to have been in the possession of a person, which is submitted to prove:
(a) The quantity of the purported controlled substance; or
(b) The amount of alcohol or the presence or absence of a controlled substance, chemical, poison or organic solvent, as the case may be,
is admissible in the manner provided in this section.
2. An affidavit or declaration which is submitted to prove any fact set forth in subsection 1 must be admitted into evidence when submitted during any administrative proceeding, preliminary hearing or hearing before a grand jury. The court shall not sustain any objection to the admission of such an affidavit [.] or declaration.
3. The defendant may object in writing to admitting into evidence an affidavit or declaration submitted to prove any fact set forth in subsection 1 during his trial. If the defendant makes such an objection, the court shall not admit the affidavit or declaration into evidence and the prosecution may cause the person to testify in court to any information contained in the affidavit [.] or declaration.
Sec. 4. NRS 616C.230 is hereby amended to read as follows:
616C.2301. Compensation is not payable pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS for an injury:
(a) Caused by the employee's willful intention to injure himself.
(b) Caused by the employee's willful intention to injure another.
(c) Proximately caused by the employee's intoxication. If the employee was intoxicated at the time of his injury, intoxication must be presumed to be a proximate cause unless rebutted by evidence to the contrary.
(d) Proximately caused by the employee's use of a controlled substance. If the employee had any amount of a controlled substance in his system at the time of his injury for which the employee did not have a current and lawful prescription issued in his name, the controlled substance must be presumed to be a proximate cause unless rebutted by evidence to the contrary.
For the purposes of paragraphs (c) and (d), the affidavit or declaration of an expert or other person described in NRS 50.315 is admissible to prove the existence of any alcohol or the existence, quantity or identity of a controlled substance in an employee's system. If the affidavit or declaration is to be so used, it must be submitted in the manner prescribed in NRS 616C.355.
2. No compensation is payable for the death, disability or treatment of an employee if his death is caused by, or insofar as his disability is aggravated, caused or continued by, an unreasonable refusal or neglect to submit to or to follow any competent and reasonable surgical treatment or medical aid.
3. If any employee persists in an unsanitary or injurious practice that imperils or retards his recovery, or refuses to submit to such medical or surgical treatment as is necessary to promote his recovery, his compensation may be reduced or suspended.
4. An injured employee's compensation, other than accident benefits, must be suspended if:
(a) A physician or chiropractor determines that the employee is unable to undergo treatment, testing or examination for the industrial injury solely because of a condition or injury that did not arise out of and in the course of his employment; and
(b) It is within the ability of the employee to correct the nonindustrial condition or injury.
The compensation must be suspended until the injured employee is able to resume treatment, testing or examination for the industrial injury. The insurer may elect to pay for the treatment of the nonindustrial condition or injury.
Sec. 5. NRS 616C.355 is hereby amended to read as follows:
616C.355At any time 10 or more days before a scheduled hearing before an appeals officer, the administrator, the manager or the manager's designee, a party shall mail or deliver to the opposing party any affidavit or declaration which he proposes to introduce into evidence and notice to the effect that unless the opposing party, within 7 days after the mailing or delivery of such affidavit [,] or declaration, mails or delivers to the proponent a request to cross-examine the affiant [,] or declarant, his right to cross-examine the affiant or declarant is waived and the affidavit [,] or declaration, if introduced into evidence, will have the same effect as if the affiant or declarant had given sworn testimony before the appeals officer, the administrator, the manager or the manager's designee.".
Amend the title of the bill to read as follows:
Assembly Bill No. 342.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 501.
Amend the bill as a whole by deleting sections 1 and 2, renumbering sections 3 and 4 as sections 6 and 7 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:
"Section 1 Chapter 211 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person who is being supervised electronically pursuant to NRS 211.250 to 211.300, inclusive, who:
(a) Is absent or attempts to be absent from his residence, employment or other activity authorized by the supervising agency without authorization; or
(b) Removes or disables or attempts to remove or disable the electronic device used to supervise the person,
is guilty of a misdemeanor and shall be punished as provided in NRS 193.150.
2. In addition to any other penalty, the court shall order the person to pay restitution for any damage to or loss of the electronic device used to supervise the person.
3. A sentence imposed pursuant to this section must run consecutively with the sentence imposed for the original offense.
Sec. 2 Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows:
A person who is sentenced to a term of residential confinement and is being supervised electronically who:
1. Is absent or attempts to be absent from his residence, employment or other activity authorized by the supervising agency without authorization; or
2. Removes or disables or attempts to remove or disable the electronic device used to supervise the person,
shall be punished in the manner set forth in section 1 of this act.
Sec. 3 NRS 4.376 is hereby amended to read as follows:
4.376As used in NRS 4.3762 to 4.3768, inclusive, and section 2 of this act, "residential confinement" means the confinement of a person convicted of a misdemeanor to his place of residence under the terms and conditions established by the sentencing court.
Sec. 4 Chapter 5 of NRS is hereby amended by adding thereto a new section to read as follows:
A person who is sentenced to a term of residential confinement and is being supervised electronically who:
1. Is absent or attempts to be absent from his residence, employment or other activity authorized by the supervising agency without authorization; or
2. Removes or disables or attempts to remove or disable the electronic device used to supervise the person,
shall be punished in the manner set forth in section 1 of this act.
Sec. 5 NRS 5.0755 is hereby amended to read as follows:
5.0755As used in NRS 5.076, 5.077 and 5.078, and section 1 of this act, "residential confinement" means the confinement of a person convicted of a misdemeanor to his place of residence under the terms and conditions established by the sentencing court.".
Amend the title of the bill, second and third lines, by deleting:
"clarifying the penalty for escaping from electronic supervision under certain circumstances;".
Amend the summary of the bill to read as follows:
"SUMMARY--Provides penalty for certain violations of conditions of electronic supervision. (BDR 16-1177)".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 412.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 498.
Amend section 1, page 1, line 12, after "5 " by inserting "business".
Amend section 1, page 2, line 6, after "5 " by inserting "business".
Amend section 1, page 2, between lines 9 and 10, by inserting:
"5. The central repository may charge a reasonable fee for performing a background check and notifying a person of the results of the background check pursuant to this section.
6. The failure of a person to request the central repository to perform a background check pursuant to this section before transferring a firearm to another person does not give rise to any civil cause of action.".
Amend sec. 4, page 4, by deleting lines 7 through 28 and inserting:
"202.360 1. A person who has been convicted of a felony in this or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless he has received a pardon and the pardon does not restrict his right to bear arms , [has been specifically restored,] shall not own or have in his possession or under his custody or control any firearm.".
Amend the title of the bill to read as follows:
Assembly Bill No. 438.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 497.
Amend sec. 4, page 5, by deleting lines 25 and 26 and inserting:
"specifically finds by clear and convincing evidence that the [child was not a principal actor in the offense or that exceptional circumstances exist because the] child's actions were".
Amend sec. 4, page 5, by deleting lines 30 through 34 and inserting:
"3. [Except as otherwise provided in subsection 4, after such] If a child is certified for criminal proceedings as an adult pursuant to".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 457.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 479.
Amend the bill as a whole by renumbering sections 1 and 2 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows:
A person who is arrested for a violation of a term or condition of his suspended sentence or residential confinement must be:
1. Informed of the alleged violation of his suspended sentence or residential confinement;
2. Notified of the place and time that he will be taken before a justice of the peace to determine whether he violated any condition of his suspended sentence or residential confinement; and
3. Taken before a justice of the peace within 48 hours.".
Amend the bill as a whole by renumbering sections 3 through 9 as sections 5 through 11, and adding a new section designated sec. 4, following sec. 2, to read as follows:
"Sec. 4. Chapter 5 of NRS is hereby amended by adding thereto a new section to read as follows:
A person who is arrested for a violation of a term or condition of his suspended sentence or residential confinement must be:
1. Informed of the alleged violation of his suspended sentence or residential confinement;
2. Notified of the place and time that he will be taken before a municipal judge to determine whether he violated any condition of his suspended sentence or residential confinement; and
3. Taken before a municipal judge within 48 hours.".
Amend sec. 6, page 6, line 19, after "4." by inserting:
"A probationer who is arrested pursuant to this section is entitled to the rights provided in sections 1 and 4 of this act, as applicable.
5.".
Amend sec. 8, page 7, line 17, by deleting:
"1 and 3" and inserting:
"2 and 5".
Amend the title of the bill, first line, after "crimes;" by inserting:
"providing that a person who is arrested for a violation of a condition of his suspended sentence or residential confinement must be taken before a justice of the peace or municipal judge within 48 hours;".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 509.
Bill read second time and ordered to third reading.
Assembly Joint Resolution No. 12.
Resolution read second time and ordered to third reading.
Senate Bill No. 23.
Bill read second time and ordered to third reading.
Senate Bill No. 70.
Bill read second time and ordered to third reading.
Senate Bill No. 71.
Bill read second time and ordered to third reading.
Senate Bill No. 102.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 496.
Amend sec. 11, page 4, by deleting line 33 and inserting:
"of Assembly Bill No. 39 of this session, if the court finds that a".
Amend sec. 11, page 4, line 34, by inserting a comma after "chapter".
Amend sec. 11, page 4, line 44, by inserting a comma after "agency".
Amend sec. 11, page 5, by deleting lines 15 through 20 and inserting:
"(e) If the child is less than 18 years of age, order:
(1) The parent, guardian or custodian of the child; and
(2) Any brother, sister or other person who is living in the same household as the child over whom the court has jurisdiction,
to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution.".
Amend sec. 31, page 11, line 6, by deleting "12:01" and inserting "12:02".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 175.
Bill read second time and ordered to third reading.
Senate Bill No. 216.
Bill read second time and ordered to third reading.
Senate Bill No. 336.
Bill read second time and ordered to third reading.
Assemblywoman Evans moved that the vote whereby Assembly Concurrent Resolution No. 36 was referred to the Committee on Health and Human Services be rescinded.
Remarks by Assemblywoman Evans.
Motion carried.
Assemblywoman Evans moved that Assembly Concurrent Resolution No. 36 be placed on the Chief Clerk's desk.
Motion carried.
In compliance with a notice given on a previous day, Assemblyman Price moved that the vote whereby Assembly Bill No. 403 was passed be reconsidered.
Motion carried.
Assemblyman Price moved that Assembly Bill No. 403 be placed on the General File immediately following Assembly Bill No. 460.
Motion carried.
Assembly Bill No. 358.
Bill read third time.
Remarks by Assemblyman Close.
Roll call on Assembly Bill No. 358:
Yeas -- 27.
Nays -- Amodei, Braunlin, Cegavske, de Braga, Dini, Ernaut, Gustavson, Hettrick, Humke, Lambert, Marvel, Neighbors, Sandoval, Tiffany--14.
Not voting -- Carpenter.
Assembly Bill No. 358 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 360.
Bill read third time.
Remarks by Assemblymen Sandoval and Price.
Roll call on Assembly Bill No. 360:
Yeas -- 40.
Nays -- None.
Not voting -- Lee, Marvel --2.
Assembly Bill No. 360 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 435.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 435:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 435 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 460.
Bill read third time.
Remarks by Assemblywoman Krenzer.
Roll call on Assembly Bill No. 460:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 460 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 403.
Bill read third time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 516.
Amend sec. 13, page 4, line 10, by deleting "examiners" and inserting "finance".
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to General File.
Assemblyman Bache moved that Assembly Bill No. 350 be taken from the Chief Clerk's desk and placed on the General File for the next legislative day.
Motion carried.
On request of Assemblyman Close, the privilege of the floor of the Assembly Chamber for this day was extended to Claudia Erickson, Robert Dungan and Scott Chalfant.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Stan Scheiner.
On request of Assemblywoman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Jerrie Pearson.
On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Dianne Steel.
On request of Assemblywoman Krenzer, the privilege of the floor of the Assembly Chamber for this day was extended to Lou Eells.
On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Barbara Burgwardt-Hunter and Ray Wilke.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Dorothy Duckett and Corine Claiborne.
On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Karen Augspurger and Judy Moore.
On request of Assemblywoman Von Tobel, the privilege of the floor of the Assembly Chamber for this day was extended to Don Peterson and Merle Schnaidt.
Assemblyman Perkins moved that the Assembly adjourn until Wednesday, June 4, 1997 at 11 a.m.
Motion carried.
Assembly adjourned at 1:38 p.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly