Carson City (Friday), June 20, 1997

Assembly called to order at 11:11 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblywoman Krenzer, who was excused.
Prayer by the Chaplain, The Reverend Patrick Hardy.
Gracious God, You know what a hectic time this is for us and how the press of business pushes us along so that we miss Your glorious sunshine; miss Your word coming through the pain and the needs of those whom we seek to serve; miss Your love as spoken by concerned colleagues and staff. Forgive us for these gross insensitivities. In this precious, quiet moment restore our senses so that we might truly see and hear and smell and feel and know that the pursuit of the common good is also Your goal and that with You all things are possible. In Your precious 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.

Douglas A. Bache,

Chairman

Mr. Speaker:
Your Committee on Health and Human Services, to which were referred Senate Bills Nos. 158, 205, 228, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Vivian L. Freeman,

Chairman

Mr. Speaker:
Your Committee on Health and Human Services, to which was referred Assembly Bill No. 557, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vivian L. Freeman,

Chairman

Mr. Speaker:
Your Committee on Health and Human Services, to which was referred Assembly Concurrent Resolution No. 37, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and be adopted as amended.

Vivian L. Freeman,

Chairman

Mr. Speaker:
Your Committee on Judiciary, to which was referred Senate Bill No. 296, 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 were referred Assembly Bills Nos. 545, 568, 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 Senate Bills Nos. 72, 170, 171, 217, 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. 12, 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

Mr. Speaker:
Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 298, 469; Senate Bill No. 115, 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 20, 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. 52.

Mary Jo Mongelli

Assistant Secretary of the Senate

Senate Concurrent Resolution No. 52.
Assemblywoman Evans moved the adoption of the resolution.
Remarks by Assemblymen Evans, Humke, Anderson and Ernaut.
Assemblyman Anderson requested that the following remarks be entered in the Journal.
Assemblywoman Evans:
Thank you, Mr. Speaker. Members of the Assembly, it is truly an honor and privilege for me to speak on behalf of the resolution for Dr. Meyers. Dean Meyers has had a long and distinguished career as an educator, teacher, guidance counselor, and university professor, and since 1983, we at the University of Nevada, Reno have been fortunate to have him in the top position of leadership for our very fine College of Education.
I think it is fitting and appropriate that as Dean Meyers marks the beginning of his retirement, he leaves behind a legacy not only in terms of service to his community, the university, and the young people of Nevada, but also with a magnificent new edifice rising on the hill at the Reno campus. The building is the new College of Education, and I dare say that without the effort, determination and leadership of Dean Meyers, that building would not be a reality today. It has been a combined public-private partnership. Although the state has put money into that fine building, Dean Meyers himself has taken a leading role in asking members of the community--individuals, businesses, foundations--to contribute a very substantial sum that has made that building possible.
When we say goodbye to someone of Dean Meyers' stature, we have mixed emotions. We wish him well and Godspeed in the future. I, of course, am personally exceedingly jealous that he's retiring instead of me. However, the loss is great in terms of his many contributions, and we will miss him. As the saying goes, one may have a successor, someone may come and take his position, but they will have a very difficult job filling his shoes. Thank you, Mr. Speaker.
Assemblyman Humke:
Thank you, Mr. Speaker. I, too, rise in support of SCR 52. I've known Frank Meyers for many years. He is a stalwart in the education community of this country, and I am very thankful that he came off the plains of North Dakota and came west to this beautiful land of Nevada to lend his assistance to this state, to serve as dean, to assist us in our educational crisis, and to educate educators in a rapid-growth state that is in constant need of excellent teachers. His major contribution has been to supply the schools in our state with excellent teachers, and for that we thank him.
I would suggest that the previous speaker is not correct to say good-bye. I think it's more appropriate to say simply, "Thank you."
Assemblyman Anderson:
Thank you, Mr. Speaker. I, too, rise in support of SCR 52. Dr. Meyers is an unusual man, to say the least, a visionary. Indeed, sometimes I think we overuse the term "visionary," and I don't want to do that in this case, but clearly, to have a vision, you have to be well-founded in the basics; you have to know both what you stand for and where you want to go; you have to be a risk-taker; you have to be willing to expose the needs of society and face them and not lose track of where you stand to get you to where you want to be. Frank Meyers has always been the kind of visionary who clearly knew that children were the ultimate goal and that a college of education should be clearly focused on doing what is best for children. He promoted that atmosphere in the College of Education. His concerns have always been clearly focused; that teachers who come out of the University of Nevada's School of Education know that children come first. He has promoted that atmosphere within his teaching staff. He has transmitted it to his students, who then become teachers, who then promote it in the classrooms in which they teach. Frank Meyers is a visionary person I believe we are all going to miss, and indeed, I wish to add my thanks to the great strides that he has brought in education in this state.
Assemblyman Ernaut:
Thank you, Mr. Speaker. I, too, stand in support of Senate Concurrent Resolution 52. I think anybody who is familiar with my long career at the University of Nevada would not be surprised to learn that the dean of the Education College and I never actually met, but I certainly have heard a tremendous amount about his accomplishments. I want to take a moment today to introduce to the body two people who know Dr. Meyers very well, and two people that you know very well, former Lieutenant Governor Bob Cashell and his wife, Nancy.
Resolution adopted.

Assemblywoman Giunchigliani moved that Assembly Bill No. 118 be taken from the Chief Clerk's desk and placed on the General File immediately following Assembly Bill No. 513.
Remarks by Assemblywoman Giunchigliani.
Motion carried.

Assemblyman Nolan moved that Senate Bill No. 103 be taken from the Chief Clerk's desk and placed on the Second Reading File.
Remarks by Assemblyman Nolan.
Motion carried.

Assemblywoman Chowning moved that Assembly Bill No. 404 be re-referred to the Committee on Ways and Means.
Motion carried.

Assemblyman Perkins moved that Assembly Bills Nos. 279, 296, 401, 414, 494, 495, 535 be placed on the General File.
Motion carried.

Assemblyman Perkins moved that Assembly Bill No. 401 be taken from its position on the General File and placed at the top of the General File.
Motion carried.

By the Committee on Ways and Means:
Assembly Bill No. 625--An Act making an appropriation to the Department of Transportation for the construction of a bridge east of the Vista Interchange of Interstate Highway No. 80; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Assembly Bill No. 483.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 714.
Amend the bill as a whole by deleting section 1 and renumbering sec. 2 as section 1.
Amend sec. 2, pages 1 and 2, by deleting lines 3 through 19 on page 1 and lines 1 through 9 on page 2 and inserting:
"Section 1. Chapter 228 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The consumer's advocate shall:
(a) Compile and maintain records that:
(1) Pertain to the telecommunication services available in this state, including, without limitation, those services related to medicine, education, libraries and community and economic development; and
(2) Are submitted to the consumer's advocate on a voluntary basis by providers of telecommunication services.
Records compiled and maintained pursuant to this subsection must be updated annually and maintained in a format that can be easily understood.
(b) Receive and maintain information from the local governments, general public and businesses of this state regarding the need for telecommunication services, including, without limitation, issues relating to the access, connectivity and capacity of telecommunication services in the rural areas of this state.
(c) In cooperation with the local governments, general public and businesses of this state, identify problems and facilitate the development of solutions regarding the provision of telecommunication services in the rural areas of this state.
(d) Act as an advocate for the general public and businesses of this state in matters before the public service commission of Nevada that concern the carrying out by the commission of federal and state statutes and regulations relating to universal service.
(e) Facilitate coordination among the agencies and local governments of this state and the public service commission of Nevada regarding issues relating to telecommunication services.
2. As used in this section, "universal service" means the availability of affordable and reliable basic telecommunication service to as many customers in this state as economically and operationally practicable.".
Amend the bill as a whole by deleting sec. 3 and renumbering sec. 4 as sec. 2.
Amend sec. 4, page 2, by deleting lines 28 and 29 and inserting:
"228.300 As used in NRS 228.300 to 228.390, inclusive, and section 1 of this act, unless the context otherwise requires:".
Amend the bill as a whole by deleting sections 5 through 8 and the text of repealed section and adding new sections designated sections 3 and 4, following sec. 4, to read as follows:
"Sec. 3. NRS 228.380 is hereby amended to read as follows:
228.380[The] Except as otherwise provided in section 1 of this act, the powers of the consumer's advocate do not extend to matters directly relating to discretionary or competitive telecommunication services.
Sec. 4. This act expires by limitation on June 30, 2003.".
Amend the title of the bill by deleting the third through sixth lines and inserting:
"state; and providing other matters properly relating thereto.".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Assemblyman Bache moved that Assembly Bill No. 483 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. 486.
Bill read second time.
The following amendment was proposed by the Committee on Education:
Amendment No. 636.
Amend section 1, page 3, by deleting lines 17 through 19 and inserting:
"If, based upon the records of attendance and truancy, the annual rate of attendance of pupils who are enrolled in a school has cumulatively declined by 5 percent or more for 2 or more consecutive years, the school shall develop a plan to improve the attendance of the pupils who are enrolled in the school. The plan must include an identification and description of the causes and factors contributing to the declining attendance of pupils.".
Amend sec. 2, pages 3 and 4, by deleting sec. 2 and inserting:
"Sec. 2. (Deleted by amendment.)".
Amend sec. 5, page 6, by deleting line 30 and inserting:
"of the pupil, the school in which the pupil is enrolled and, if the pupil is enrolled in a school that is on a multi-track schedule, a notation or other symbol, if feasible, that is designed to disclose the track to which the pupil is assigned.".
Amend sec. 6, page 6, line 32, by deleting "rate" and inserting "accounting".
Amend sec. 6, page 6, line 33, by deleting:
"attendance, truancy and " and inserting:
"attendance and, if feasible,".
Amend sec. 6, page 6, by deleting lines 35 and 36 and inserting:
"must indicate the number of absences, if any, for the period covered ".
Amend sec. 7, page 6, by deleting line 40 and inserting;
"district to develop uniform standards and a common form for reporting truancy of ".
Amend sec. 7, page 6, line 41, after "standards" by inserting:
"or such a form".
Amend sec. 8, page 7, line 1, by deleting "a" and inserting:
"at least one".
Amend sec. 8, page 7, by deleting lines 2 and 3 and inserting:
"school attendance. The membership of each such board may consist of:".
Amend sec. 10, page 8, line 3, by deleting "a program" and inserting "programs".
Amend sec. 10, page 8, line 5, by deleting "that program." and inserting "those programs.".
Amend sec. 10, page 8, by deleting lines 7 through 9 and inserting:
"section 8 of this act may:
(a) Use the money in the special account established pursuant to subsection 2 of NRS 62. 211 for the use of programs to reduce the truancy of pupils in the school district.
(b) Make gifts and grants of money to the special account for such programs and for use by the juvenile court pursuant to paragraph (e) of subsection 1 of NRS 62.211.
The board to review school attendance shall, on a quarterly basis, provide to the board of trustees of the school district an accounting of all money used by the board to review school attendance to reduce the rate of truancy of pupils in the school district.".
Amend sec. 11, page 8, line 13, by deleting the italicized comma.

Amend sec. 11, page 8, by deleting line 14 and inserting:

Amend sec. 11, page 8, line 15, after "act." by inserting:

Section 1. 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 Assembly Bill No. 39 of this session, 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 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. The court may use the money in the account established pursuant to subsection 2 to pay for any counseling ordered by the court pursuant to this paragraph if a parent, guardian or custodian of a child demonstrates to the satisfaction of the court that he needs financial assistance to pay for the care and treatment.

(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 not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from applying for a driver's license for not more than 2 years:

(1) Immediately following the date of the order, if the child is eligible to apply for 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 apply for 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 apply for 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.

(m) If the child has not previously been found to be within the purview of this chapter and if the act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence, order the child to participate in a publicly or privately operated program of sports or physical fitness. If the court orders the child to participate in such a program, the court may order any or all of the following, in the following order of priority if practicable:

(1) The parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, but not limited to, a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property during those periods in which the child participates in the program;

(2) The child to work on projects or perform public service pursuant to paragraph (i) for a period that reflects the costs associated with the participation of the child in the program; or

(3) The county in which the petition alleging the child to be delinquent or in need of supervision is filed to pay the costs associated with the participation of the child in the program.

2. If the court finds that a child is a habitual truant and imposes a fine pursuant to paragraph (l), the money collected from the fine must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall, on or before the 15th day of that month, deposit the money in the county general fund for credit to a separate account to support programs to reduce the rate of truancy in the public schools of the county and for use by the court pursuant to paragraph (e) of subsection 1.

3. If the court places a child in need of supervision under formal supervision and the child violates a condition of that formal supervision, the court may detain the child for not more than 30 days.

4. 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.

5. 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.

6. Except as otherwise provided in section 7 of Senate Bill No. 102 of this session, at any time either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

7. 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.

8. 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.

Sec. 4. Section 1 of this act becomes effective at [12:02] 12:03 a.m. on October 1, 1997.".

Assembly Bill No. 577.
Bill read second time and ordered to third reading.

Assembly Bill No. 584.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 719.
Amend the bill as a whole by renumbering sec. 8 as sec. 9 and adding a new section designated sec. 8, following sec. 7, to read as follows:
"Sec. 8. NRS 484.383 is hereby amended to read as follows:
484.3831. Except as otherwise provided in subsections 3 and 4, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the alcoholic content of his blood or breath or the presence of a controlled substance when such a test is administered at the direction of a police officer having reasonable grounds to believe that the person to be tested was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.
2. If the person to be tested pursuant to subsection 1 is dead or unconscious, the officer shall direct that samples of blood from the person be tested.
3. Any person who is afflicted with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section but must, when appropriate pursuant to the provisions of this section, be required to submit to a breath or urine test.
4. If the alcoholic content of the blood or breath of the person to be tested is in issue:
(a) Except as otherwise provided in this section, the person may refuse to submit to a blood test if means are reasonably available to perform a breath test.
(b) The person may request a blood test, but if means are reasonably available to perform a breath test when the blood test is requested, and the person is subsequently convicted, he must pay for the cost of the blood test, including the fees and expenses of witnesses in court.
(c) A police officer may direct the person to submit to a blood test as set forth in subsection 7 if the officer has reasonable grounds to believe that the person:
(1) Caused death or substantial bodily harm to another person as a result of driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or
(2) Has been convicted within the previous 7 years of:
(I) A violation of NRS 484.379, 484.3795, subsection 2 of NRS 488.205, NRS 488.206, section 4 of this act or a law of another jurisdiction that prohibits the same or similar conduct; or
(II) Any other offense in this state or another jurisdiction in which death or substantial bodily harm to another person resulted from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance.
5. If the presence of a controlled substance in the blood of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test.
6. Except as otherwise provided in subsections 3 and 5, a police officer shall not direct a person to submit to a urine test.
7. If a person to be tested fails to submit to a required test as directed by a police officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or a controlled substance, the officer may direct that reasonable force be used to the extent necessary to obtain samples of blood from the person to be tested. Not more than three such samples may be taken during the 5-hour period immediately following the time of the initial arrest. In such a circumstance, the officer is not required to provide the person with a choice of tests for determining the alcoholic content or presence of a controlled substance in his blood.
8. If a person who is less than 18 years of age is directed to submit to an evidentiary test pursuant to this section, the officer shall immediately notify the parent, guardian or custodian of the person, if known.".
Amend the bill as a whole by adding a new section designated sec. 10, following sec. 8, to read as follows:
"Sec. 10. Section 8 of this act becomes effective at 12:01 a.m. on October 1, 1997.".
Amend the title of the bill, third line, after "blood;" by inserting:
"requiring an officer to notify the parent, guardian or custodian of a child less than 18 years of age who is directed to submit to an evidentiary test to determine whether he was driving under the influence of intoxicating liquor or a controlled substance under certain circumstances;".
Amend the summary of the bill to read as follows:

"SUMMARY--Makes various changes concerning persons less than 21 years of age driving under the influence of intoxicating liquor or controlled substance. (BDR 43-590)".

Assembly Bill No. 587.
Bill read second time and ordered to third reading.

Assembly Bill No. 595.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 741.
Amend section 1, page 1, by deleting lines 11 and 12 and inserting:
"foreseeable if a person of ordinary intelligence and prudence could have reasonably anticipated the conduct and the probability of injury.".
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. 600.
Bill read second time and ordered to third reading.

Senate Bill No. 192.
Bill read second time and ordered to third reading.

Senate Bill No. 244.
Bill read second time and ordered to third reading.

Senate Bill No. 280.
Bill read second time.
Assemblyman Anderson moved that Senate Bill No. 280 be re-referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 351.
Bill read second time and ordered to third reading.

Senate Bill No. 103.
Bill read second time.
The following amendment was proposed by Assemblyman Nolan:
Amendment No. 687.
Amend sec. 4, page 2, line 23, by deleting "and ".
Amend sec. 4, page 2, line 29, by deleting the italicized period and inserting "; and ".
Amend sec. 4, page 2, between lines 29 and 30, by inserting:
"(c) Maintain records of sexual offenses committed against a child. Such records must be kept separate from any other records concerning abuse of a child as defined in NRS 200.508, and may include, without limitation:
(1) The age of the child;
(2) The gender of the child;
(3) A description of the type of sexual offense committed;
(4) The relationship of the offender to the child;
(5) The physical location where the sexual offense was committed;
(6) The length of time, if any, that the offender had lived in the geographic area in which he committed the sexual offense; and
(7) The number of children against whom the offender has admitted to or has been convicted of committing a sexual offense.".
Assemblyman Nolan moved the adoption of the amendment.
Remarks by Assemblymen Nolan, Buckley, Perkins and Sandoval.
Amendment adopted on a division of the house.
Assemblyman Anderson moved that Senate Bill No. 103 be re-referred to the Committee on Ways and Means.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Ways and Means.

Assemblyman Perkins moved that the Assembly recess until 5:30 p.m.
Motion carried.

Assembly in recess at 12:13 p.m.

At 5:40 p.m.
Mr. Speaker presiding.
Quorum present.

Richard Perkins,

Chairman

Mr. Speaker:
Your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 537, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Marcia de Braga,

Chairman

Senate Chamber, Carson City, June 20, 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. 55, 62, 71, 136, 213, 219, 226, 229, 236, 287, 327, 396.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 47.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly amendment to Senate Bill No. 80.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 336 and requests a conference, and appointed Senators Adler, McGinness and Washington as a first Committee on Conference to meet with a like committee of the Assembly.
Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Committee on Conference concerning Senate Joint Resolution No. 14.

Mary Jo Mongelli

Assistant Secretary of the Senate

Assembly Bill No. 170.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 632.
Amend the bill as a whole by deleting sec. 5 and renumbering sec. 6 as sec. 5.
Amend sec. 6, page 7, line 24, by deleting "17 " and inserting "16 ".
Amend the bill as a whole by renumbering sec. 8 as sec. 6 and renumbering sections 9 through 31 as sections 8 through 30.
Amend sec. 8, page 8, by deleting lines 39 through 41 and inserting:
"the condition that the person actively participate in:
(a) A program of treatment for the abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;
(b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to section 31 of this act; or
(c) Both programs set forth in paragraphs (a) and (b),
and that he comply with any other condition of suspension ordered by the justice of the peace.".
Amend sec. 9, page 9, by deleting lines 24 through 26 and inserting:
"condition that the person actively participate in:
(a) A program of treatment for the abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;
(b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to section 31 of this act; or
(c) Both programs set forth in paragraphs (a) and (b),
and that he comply with any other condition of suspension ordered by the municipal judge.".
Amend sec. 12, page 10, line 37, by deleting "11" and inserting "10 ".
Amend sec. 14, page 12, line 36, by deleting "11" and inserting "10 ".
Amend sec. 16, page 14, line 16, by deleting "11" and inserting "10 ".
Amend sec. 19, page 15, line 6, after "$1,000." by inserting:
"A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur either at a time when the person is not required to be at his place of employment or on a weekend.".
Amend sec. 19, page 15, line 24, by deleting "31" and inserting "30 ".
Amend sec. 19, page 15, line 29, by deleting "31" and inserting "30 ".
Amend sec. 19, page 15, line 31, by deleting "$50." and inserting "$35.".
Amend sec. 19, page 15, line 34, by deleting "30 " and inserting "29 ".
Amend sec. 19, page 15, line 38, by deleting "drugs." and inserting:
"drugs that has been certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation.".
Amend sec. 20, page 16, line 24, by deleting "including any" and inserting:
"including, without limitation, a".
Amend sec. 20, page 16, line 26, by deleting "any" and inserting "a".
Amend sec. 20, page 16, between lines 28 and 29, by inserting:
"(e) "Transit operator" means a person who operates a bus or other vehicle as part of a public mass transportation system.".
Amend sec. 20, page 16, line 29, by deleting "19 " and inserting "18 ".
Amend sec. 20, page 17, by deleting lines 1 through 5 and inserting:
"(c) If the battery is committed upon an officer, school employee or transit operator and:
(1) The officer, school employee or transit operator was performing his duty;
(2) The officer, school employee or transit operator suffers substantial bodily harm; and
(3) The person charged knew or should have known that the victim was an officer, school employee or transit operator,".
Amend sec. 20, page 17, by deleting lines 10 through 12 and inserting:
"(d) If the battery is committed upon an officer, school employee or transit operator who is performing his duty and the person charged knew or should have known that the victim was an officer, school employee or transit operator, for a gross".
Amend sec. 21, page 19, lines 8 and 9, by deleting:
"of the department of motor vehicles".
Amend sec. 28, page 22, line 23, after "person" by inserting:
"who is not an attorney".
Amend sec. 28, page 22, line 26, after "violence;" by inserting "and ".
Amend sec. 28, page 22, by deleting lines 27 through 31 and inserting:
"(b) Is in the unclassified service of the state.".
Amend sec. 29, pages 22 and 23, by deleting lines 35 through 43 on page 22 and lines 1 through 4 on page 23 and inserting:
"(a) Prepare quarterly reports relating to victims of domestic violence from information collected from the central repository for Nevada records of criminal history, if any such information is available.".
Amend sec. 29, page 23, line 5, by deleting "(c)" and inserting "(b)".
Amend sec. 29, page 23, line 6, by deleting "(d)" and inserting "(c)".
Amend sec. 29, page 23, by deleting lines 10 through 18.
Amend sec. 29, page 23, line 19, by deleting "(g)" and inserting "(d)".
Amend sec. 29, page 23, between lines 26 and 27, by inserting:
"3. Any grant received by the office of the attorney general for assistance to victims of domestic violence must be used to compensate the ombudsman for victims of domestic violence.".
Amend sec. 30, page 23, line 29, by deleting "19 " and inserting "18 ".
Amend sec. 31, page 24, by deleting line 29 and inserting:
"(d) To the extent that money is available, arrange for the provision of legal services, including, without limitation, assisting a person in an action for divorce; and ".
Amend sec. 31, page 24, line 30, by deleting "(d)" and inserting "(e)".
Amend the bill as a whole by adding a new section designated sec. 31 following sec. 31 to read as follows:
"Sec. 31. 1. The committee on domestic violence appointed pursuant to section 30 of this act shall begin distributing applications for the certification of programs for the treatment of persons who commit domestic violence to courts and facilities that provide treatment for persons who commit domestic violence on or before August 31, 1997.
2. The committee on domestic violence appointed pursuant to section 30 of this act shall begin reviewing applications for the certification of programs for the treatment of persons who commit domestic violence not later than October 1, 1997.".
Amend sec. 32, page 25, line 4, by deleting:
"19 and 20" and inserting:
"18 and 19".
Amend sec. 32, page 25, line 5, by deleting:
"October 1, 1997." and inserting:
"January 1, 1998.".
Amend sec. 34, page 25, by deleting lines 9 and 10 and inserting:
"Sec. 34. 1. Section 30 of this act becomes effective on July 1, 1997.
2. Sections 1 to 6, inclusive, 9 to 17, inclusive, 20 to 29, inclusive, 31, 32 and 33 of this act become effective on October 1, 1997.
3. Sections 7 and 8 of this act become effective at 12:01 a.m. on October 1, 1997.
4. Sections 18 and 19 of this act become effective on January 1, 1998.".
Amend the title of the bill to read as follows:

"AN ACT relating to domestic violence; requiring certain persons to transmit certain information regarding orders for protection against domestic violence to the central repository for Nevada records of criminal history; authorizing a justice of the peace and a municipal court judge to suspend the sentence of a person convicted of a misdemeanor that constitutes domestic violence for not more than 3 years under certain circumstances; making various changes concerning the penalties imposed for committing a battery that constitutes domestic violence; requiring a court to register certain orders for protection against domestic violence issued by a court located outside this state; creating the office of ombudsman for victims of domestic violence; creating an account for programs related to domestic violence; requiring the appointment of a committee on domestic violence; providing a penalty; and providing other matters properly relating thereto.".

Assembly Bill No. 375.
Bill read third time.
The following amendment was proposed by Assemblywoman Giunchigliani:
Amendment No. 759.
Amend sec. 3, page 2, line 5, after "not" by inserting:
", for emergency admissions or involuntary court-ordered admissions,".
Amend sec. 4, page 2, lines 12 and 13, by deleting:
"provider of mental health care" and inserting:
"psychiatrist or psychologist".
Amend sec. 5, page 2, line 32, after "of the" by inserting "clinically appropriate".
Amend sec. 8, page 2, line 42, after "practices" by inserting:
"regarding emergency admissions or involuntary court-ordered admissions".
Amend sec. 12, page 3, line 43, by deleting "providing that" and inserting "if ".
Amend sec. 12, page 4, by deleting lines 1 and 2 and inserting:
"8. To have access to his medical records denied to any person other than:
(a) A member of the staff of the facility or related medical personnel, as appropriate;
(b) A person who obtains a waiver by the client of his right to keep the medical records confidential; or
(c) A person who obtains a court order authorizing the access.".
Amend sec. 16, page 5, line 44, by deleting "12" and inserting "13".
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblymen Giunchigliani and Ernaut.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 419.
Bill read third time.
Remarks by Assemblyman Herrera.
Roll call on Assembly Bill No. 419:
Yeas -- 40.
Nays -- None.
Not voting -- Dini.
Excused -- Krenzer.
Assembly Bill No. 419 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 490.
Bill read third time.
Remarks by Assemblymen Goldwater, Close, Von Tobel, Ernaut, Price, Collins, Buckley, Giunchigliani, Mortenson, Nolan and Manendo.
Conflict of interest declared by Assemblyman Ernaut.
Assemblymen Bache, Anderson and Arberry moved the previous question.
Motion carried.
The question being on the passage of Assembly Bill No. 490.
Roll call on Assembly Bill No. 490:
Yeas -- 29.
Nays -- Amodei, Anderson, Carpenter, Close, Gustavson, Hickey, Humke, Marvel, Nolan, Price, Von Tobel - 11.
Not voting -- Ernaut.
Excused -- Krenzer.
Assembly Bill No. 490 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 511.
Bill read third time.
Remarks by Assemblymen Lee, Lambert, Chowning, Ohrenschall and Cegavske.
Roll call on Assembly Bill No. 511:
Yeas -- 36.
Nays -- Carpenter, Close, Collins, Goldwater, Humke - 5.
Excused -- Krenzer.
Assembly Bill No. 511 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 513.
Bill read third time.
Remarks by Assemblyman Price.
Roll call on Assembly Bill No. 513:
Yeas -- 41.
Nays -- None.
Excused -- Krenzer.
Assembly Bill No. 513 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Bill No. 118.
Bill read third time.
The following amendment was proposed by Assemblymen Giunchigliani and Lambert:
Amendment No. 747.
Amend section 1, pages 2 and 3, by deleting lines 40 through 43 on page 2 and line 1 on page 3 and inserting:
"shall review the application based on applicable zoning ordinances. The requirements of this subsection do not require the relocation or".
Amend the title of the bill, second through fourth lines, by deleting:
"requiring the governing body of a county or city to ensure that a disproportionate number of such facilities are not located in one neighborhood;".
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 279.
Bill read third time.
Remarks by Assemblyman Ernaut.
Roll call on Assembly Bill No. 279:
Yeas -- 41.
Nays -- None.
Excused -- Krenzer.
Assembly Bill No. 279 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 296.
Bill read third time.
Remarks by Assemblyman Parks.
Roll call on Assembly Bill No. 296:
Yeas -- 41.
Nays -- None.
Excused -- Krenzer.
Assembly Bill No. 296 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 414.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 414:
Yeas -- 41.
Nays -- None.
Excused -- Krenzer.
Assembly Bill No. 414 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 494.
Bill read third time.
Remarks by Assemblywoman Tiffany.
Assemblyman Arberry moved that Assembly Bill No. 494 be re-referred to the Committee on Ways and Means.
Remarks by Assemblymen Arberry and Tiffany.
Motion lost.
Assemblyman Arberry moved that Assembly Bill No. 494 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Arberry.
Motion carried.

Assembly Bill No. 495.
Bill read third time.
Remarks by Assemblywoman Tiffany.
Roll call on Assembly Bill No. 495:
Yeas -- 39.
Nays -- Cegavske, Chowning - 2.
Excused -- Krenzer.
Assembly Bill No. 495 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 535.
Bill read third time.
Remarks by Assemblyman Price.
Roll call on Assembly Bill No. 535:
Yeas -- 41.
Nays -- None.
Excused -- Krenzer.
Assembly Bill No. 535 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 122.
Bill read third time.
Remarks by Assemblymen Segerblom, Price, Humke and Anderson.
Roll call on Senate Bill No. 122:
Yeas -- 41.
Nays -- None.
Excused -- Krenzer.
Senate Bill No. 122 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 335.
Bill read third time.
Remarks by Assemblyman Collins.
Roll call on Senate Bill No. 335:
Yeas -- 41.
Nays -- None.
Excused -- Krenzer.
Senate Bill No. 335 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 364.
Bill read third time.
Remarks by Assemblyman Price.
Roll call on Senate Bill No. 364:
Yeas -- 41.
Nays -- None.
Excused -- Krenzer.
Senate Bill No. 364 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 366.
Bill read third time.
Remarks by Assemblymen Parks, Price, Giunchigliani and Chowning.
Roll call on Senate Bill No. 366:
Yeas -- 39.
Nays -- Carpenter, Price - 2.
Excused -- Krenzer.
Senate Bill No. 366 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 369.
Bill read third time.
Remarks by Assemblywoman Braunlin.
Roll call on Senate Bill No. 369:
Yeas -- 41.
Nays -- None.
Excused -- Krenzer.
Senate Bill No. 369 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 370.
Bill read third time.
Remarks by Assemblyman Amodei.
Roll call on Senate Bill No. 370:
Yeas -- 41.
Nays -- None.
Excused -- Krenzer.
Senate Bill No. 370 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 407.
Bill read third time.
Remarks by Assemblyman Collins.
Roll call on Senate Bill No. 407:
Yeas -- 40.
Nays -- None.
Not voting -- Goldwater.
Excused -- Krenzer.
Senate Bill No. 407 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 408.
Bill read third time.
Remarks by Assemblyman Gustavson.
Potential conflict of interest declared by Assemblywoman Chowning.
Roll call on Senate Bill No. 408:
Yeas -- 41.
Nays -- None.
Excused -- Krenzer.
Senate Bill No. 408 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Bill Fogle.

On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Ryan Menath, Lisa Menath, Pat Menath, Sheryl Seaman, Katie Seaman and Mouryne Dini.

On request of Assemblyman Ernaut, the privilege of the floor of the Assembly Chamber for this day was extended to Robert Cashell and Nancy Cashell.

On request of Assemblywoman Evans, the privilege of the floor of the Assembly Chamber for this day was extended to Frank Meyers, Margie Meyers, Keith Pierce, Doris Pierce, David Imig, Carol Imig, Donald Meyers, Deede Meyers, Irvin Meyers, JoAnn Meyers, Paul Kaczmarek, Marcella Kaczmarek, Donnie Meyers, Eric Meyers, Patricia Meyers, Becky Meyers, Marian Combs, Cheryl Rodby, Pete Goetz, Jimmy Kunz, Sandy Kunz, Ross Kunz, Marcia Kunz, Alexander Kunz, Griffin Kunz and Jason Lee Kunz.

On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Blake Baldwin.

On request of Assemblywoman Ohrenschall, the privilege of the floor of the Assembly Chamber for this day was extended to Kathryn Howell.

On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Gary Allen, John Anderson, Braden Bales, Philip Barnes, Eric Bayles, Steven Beckett, John Bell, Nicholas Bennett, Jason Bitsko, Phillip Bledsoe, Joseph Burch, Craig Burns, Nick Butler, Caleb Cage, Jason Chadderton, Clint Chapman, Timothy Clark, Scott Colon, Bien Decena, Jr., Valentino Diaz, III, Brandon Doolin, Adrian Enriquez, Matthew Feeley, Christopher Fesenmaier, Terry Fleck, Corby Frehner, Daniel Gabica, Wesley Guenther, Eric Guideng, Stephen Gustafson, Adam Hair, Benjamin Halverson, Curtis Hammill, Robert Havel, Corey Hawkins, Ryan Heward, Joe Holland, Kirk Hsu, James Jackson, Terry Jackson, Jeremiah Johnson, Kevin Joyce, Mitchell Kallick, Brian Kelch, Ryan King, Terrance Lewis, Aaron Litz, William Magrath, III, Jason Makris, Travis Manning, Daren Martin, Sean Martin, Robert Martinez, Ryan McMillen, Douglas Medley, Obren Milanovic, Tim Miller, Dantrel Mingo, Justin Moore, Jason Morris, Mark Murphy, Drake Barlow Myers, Carl Netzler, David Nieman, Sean Nolan, James Oravec, Jamie Oster, Rick Perdomo, Earl Peterson, Jr., Gary Philips, Mike Pizzi, Matt Raab, Charles Radovich, Brian Reyes, Brian Roa, Garrett Roy, Michael Russell, C. J. Safford, Wayne Sanders, Neil Shackelford, Chris Shearer, Russell Snooks, Gerardo Soto, Leonard Souza, Zachary Stockdale, Rocky Sutton, Ja Swallow, Damian Taafe-McMenany, Andrew Taylor, Terry Thornley, David Ting, James Tolles, Jerrell Turner, William Tuttle, Roberto Valencia, Jared Wagner, Carl Wander, Jonathan MacNeill Ward, Greg Warpinski, Jason Webb, Noah Wheatley, Edward Wilkerson, Zachary Wilkes, Jeremy Williams, David Wong, Zachary Woodbury, Jay Wright, William Wright, IV, Jordan Yelinek and Sammy Yi.

On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Ambassador Merlin and Leo Rowan.

On request of Assemblyman Williams, the privilege of the floor of the Assembly Chamber for this day was extended to James Sanders, Josh Bestman, Flash Bestman, Michael Bardlett, Carlos Ramey, Derek Perkins, DeAnte Perkins, Mohammed Berro, Sharod Perkins, Jamal Johnson, Alton Cyphers, Maurice Andrews, Xavier Williams, David Crisler, Jared Daniels, Kamau Bakari and Loren Perkins.

Assemblyman Perkins moved that the Assembly adjourn until Saturday, June 21, 1997 at 11 a.m.
Motion carried.

Assembly adjourned at 7:33 p.m.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly