ASSEMBLY DAILY JOURNAL

NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND FIFTY-SIXTH DAY
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Carson City (Tuesday), June 24, 1997

Assembly called to order at 11:19 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Bruce Henderson.
Father, yesterday we processed legislation involving child abuse, neglect and molestation. Today we honor outstanding schools in our state. We do these things because we care about children. May we always care about those who cannot help themselves. May the process itself never blind us from the people for whom you taught us to care. We pray in the Name of Your love.

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 were referred Assembly Bill No. 303; Senate Bill No. 167, 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 Commerce, to which were referred Senate Bills Nos. 382, 401, 431, 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 Government Affairs, to which were referred Assembly Bill No. 605; Senate Bill No. 405, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Douglas A. Bache,

Chairman

Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 399, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Douglas A. Bache,

Chairman

Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 276, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Ways and Means.

Douglas A. Bache,

Chairman

Mr. Speaker:
Your Committee on Health and Human Services, to which was referred Senate Bill No. 49, 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 Judiciary, to which were referred Assembly Bill No. 623; Senate Bills Nos. 74, 257, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Bernie Anderson,

Chairman

Mr. Speaker:
Your Committee on Judiciary, to which were referred Assembly Bill No. 210; Senate Bills Nos. 31, 33, 345, 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 was referred Senate Bill No. 440, 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 Ways and Means, to which were referred Assembly Bills Nos. 222, 260, 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 was re-referred Assembly Bill No. 442, 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 was re-referred Assembly Bill No. 404, 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 Senate Bill No. 131, 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 Concurrent Committee on Ways and Means, to which was referred Senate Bill No. 180, 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

MESSAGES FROM THE SENATE

Senate Chamber, Carson City, June 23, 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. 47, 309, 388, 412, 423, 431, 438, 439, 443, 444, 500.
Also, I have the honor to inform your honorable body that the Senate on this day passed Assembly Joint Resolution No. 13.
Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly amendments to Senate Bills Nos. 44, 129, 364.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 39.

Mary Jo Mongelli

Assistant Secretary of the Senate

Senate Chamber, Carson City, June 24, 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 Nos. 55, 56, 57.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Bache moved that Assembly Bill No. 349 be taken from the Second Reading File and placed on the Chief Clerk's desk.
Motion carried.

By Assemblymen Goldwater, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Evans, Freeman, Giunchigliani, 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. 49--Commending the students, parents and coordinators who participated in the Odyssey of the Mind World Finals Competition.
Whereas, The Odyssey of the Mind Association was founded in 1978 and now draws students from 50 states and more than 30 countries to participate in the annual World Finals Competition; and
Whereas, The Odyssey of the Mind is a school-based program for students in kindergarten through college that combines creative thinking, teamwork and risk taking; and
Whereas, Each fall, teams of students from around the world take on challenges developed by Odyssey of the Mind and work together for months to develop solutions to these challenges; and
Whereas, Each team must create and present an 8-minute performance that interprets a problem and compete in a spontaneous brainstorming competition which challenges their ability to think quickly; and
Whereas, The annual competition fosters team spirit, creative problem solving and decision making while developing the self-confidence necessary to produce expert problem solvers; and
Whereas, The participation of the parents of these students through their financial, emotional and intellectual support is integral to the success of this highly competitive program; and
Whereas, This year 15 schools from the State of Nevada, representing our finest students, competed for top honors at the Odyssey of the Mind World Finals Competition; 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 do hereby commend the parents of the participating students for their encouragement and support for this outstanding program; and be it further
Resolved, That the members of this body are especially proud of the hard work and devotion of the coordinators and participating students from the following schools:
1. From Alice Maxwell Elementary School, students Isidra Almaraz, Ben Brown, Cara Cudworth, Genna Drake, Mary Hery, Erin Smith and Laurie Steglich and coordinator Bob Huwe;
2. From Caughlin Ranch Elementary School, students Josh Coleman, Travis Coleman, Tom Fennell, Chris Lunsden, Jessica Pacheco and Michael Van Antwerp and coordinator Lisa Williams;
3. From David M. Cox Elementary School, students Joel Almas, Hester Dingle, Lindsay Egbert, Perry Palmer, Joelle Siino, Sean Smith and Katie Strickland and coordinator Michelle Smith;
4. From John C. Fremont Elementary School, students Deyon Anderson, Kenny Binder, Erika Crail, Jeremy Grunert, Ronnie Hansen, Madison Piazza and Abby Schultz and coordinator Dorothy Todd;
5. From Marion Earl Elementary School, students Brittany Anson, Jansen Bordenhao, Aaron Goodrich, Rebbecca Rowland and Amy Schlauder and coordinator Rich Rowland;
6. From Sage Elementary School, students Jacob Miller, Daniel Reule, Michael Reule, Arlo Swallow, Franklin Wilkerson and Jared Wilkerson and coordinator Kathy Balliet;
7. From Sarah Winnemucca Elementary School, students Blake Elliott, Laura Makoba, Martin Markee, Ryan Martin, Ainsley McPherson and Adam Van Antwerp and coordinator Donna Schultz;
8. From Westergard Elementary School, students Clifton Miller and Tina Schweitzer and coordinator Donna Shultz;
9. From Hyde Park Middle School, students Lindsay Demaree, April Francisco, Diane Kopliopith, Judy Kresyman, Eric Patti, Christel Stewart and Matt Taite and coordinators Jim Patti and Lucy Phillips;
10. From Kingsbury Middle School, students Steven Cheatham, Justin Darrow, Randy Gittleman, Jenna Hayes, Michael Kamorowski, Kyle Olson and James Rastello and coordinator Kathleen Boudreau;
11. From Edward C. Reed High School, students Allen Bai, Mike Friend, Joshua Jackson, Sean Keely and Jody Williams and coordinator Brad Hayes;
12. From Incline High School, students Bryce Burdick, Marshall Clyde, Allison Hilborn, Sam Hilborn, Sadie Rose Schunning, Charlie Wagner and Lee Welsch and coordinator Sue Welsch;
13. From Spring Creek High School, students Bryce Armstrong-Nelson, Corbin McFarlane, Blake Metz, Jeremy Schoen, Ray Smith and Scott Wurth and coordinator Kathy Balliet; and
14. From Sierra Nevada College, students Brad Barton, Matt Biscarret, Dawn Grabowski, LaMonte Lamoureux, Crosbie Ronning and Lisa Smith and coordinator Sue Welsch; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to each of the coordinators from the participating schools in the State of Nevada who coached the students in the Odyssey of the Mind World Finals Competition.
Assemblyman Goldwater moved the adoption of the resolution.
Remarks by Assemblyman Goldwater.
Resolution adopted.

By Assemblymen Dini and Perkins:
Assembly Resolution No. 15--Amending the Standing Rules of the Assembly by adding a member to the Standing Committee on Ways and Means.
Assemblyman Perkins moved the adoption of the resolution.
Remarks by Assemblyman Perkins.
Resolution adopted.

Senate Concurrent Resolution No. 39.
Resolution read.
Assemblywoman Lambert moved the adoption of the resolution.
Remarks by Assemblywoman Lambert.
Resolution adopted.

Senate Concurrent Resolution No. 55.
Resolution read.
Assemblyman Hettrick moved the adoption of the resolution.
Remarks by Assemblyman Hettrick.
Resolution adopted.

Senate Concurrent Resolution No. 56.
Resolution read.
Assemblyman Hettrick moved the adoption of the resolution.
Remarks by Assemblyman Hettrick.
Resolution adopted.

Senate Concurrent Resolution No. 57.
Resolution read.
Assemblywoman Ohrenschall moved the adoption of the resolution.
Remarks by Assemblywoman Ohrenschall.
Resolution adopted.

Mr. Speaker announced the appointment of Assemblyman Perkins as an additional member to the Committee on Ways and Means.

INTRODUCTION, FIRST READING AND REFERENCE

By Assemblyman Perkins (by request):
Assembly Bill No. 640--An Act relating to radiation; exempting certain law enforcement agencies and fire protection districts from regulation by the health division of the department of human resources in certain uses of radiation; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.

By the Committee on Ways and Means:
Assembly Bill No. 641--An Act relating to motor vehicles; revising the provisions governing certain fees paid to the department of motor vehicles and public safety concerning the control of emissions from motor vehicles; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

By the Committee on Ways and Means:
Assembly Bill No. 642--An Act relating to offenders; increasing the minimum fee that a parolee or probationer is required to pay to defray the cost of supervision; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

By the Committee on Government Affairs:
Assembly Bill No. 643--An Act relating to railroads; reapportioning certain costs of grade separation and crossings; imposing strict liability for death or injury in certain cases; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By the Committee on Taxation:
Assembly Bill No. 644--An Act relating to taxation; changing various provisions concerning the assessment of property for the purposes of imposing property taxes; revising various provisions governing the duties and immunities of county assessors; requiring payment of deferred taxes for agricultural land before recording of a final map for a subdivision; and providing other matters properly relating thereto.
Assemblyman Price moved that the bill be referred to the Committee on Taxation.
Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 83.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 792.
Amend section 1, page 2, by deleting lines 39 through 41 and inserting:
"(a) ["Child care facility" means an establishment] "Children's facility" includes a child care facility licensed pursuant to chapter 432A of NRS [to provide care for 13 or more children.] or an enclosed building or any portion of an enclosed building in which:".
Amend section 1, page 2, line 44, after "is;" by inserting "or ".
Amend section 1, page 3, by deleting line 1.
Amend section 1, page 3, line 2, by deleting "(5)" and inserting "(4)".
Amend the bill as a whole by deleting sec. 2 and renumbering sections 3 through 5 as sections 2 through 4.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Assembly Bills Nos. 96, 585, 590, 599; Senate Bill No. 75 be placed on the General File.
Motion carried.

Assemblyman Goldwater moved that Assembly Bill No. 353 be taken from the Second Reading File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Goldwater.
Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 248.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 772.
Amend section 1, pages 1 and 2, by deleting lines 3 through 19 on page 1 and line 1 on page 2 and inserting:
"1. Except as otherwise provided in subsection 2, an employer who, at the request of an employee, discloses information regarding:
(a) The ability of the employee to perform his job;
(b) The diligence, skill or reliability with which the employee carried out the duties of his job; or
(c) An illegal or wrongful act committed by the employee,
to a prospective employer of that employee is immune from civil liability for such disclosure and its consequences.
2. An employer is not immune from civil liability for a disclosure made pursuant to subsection 1 or for the consequences of a disclosure made pursuant to subsection 1 if the employer:
(a) Acted with malice or ill will;
(b) Disclosed information that he believed was inaccurate;
(c) Disclosed information which he had no reasonable grounds for believing was accurate;
(d) Recklessly or intentionally disclosed inaccurate information;
(e) Deliberately disclosed misleading information; or
(f) Disclosed information in violation of a state or federal law or in violation of an agreement with the employee.".
Amend the title of the bill, fourth and fifth lines, by deleting:
"creating a rebuttable presumption that such information is provided in good faith;".
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. 270.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 773.
Amend section 1, page 2, line 3, by deleting:
"district attorney, or the attorney general " and inserting "prosecuting attorney".
Amend section 1, page 2, line 6, by deleting "felony;" and inserting:
"felony or gross misdemeanor;".
Amend section 1, page 2, by deleting lines 9 through 13 and inserting:
"without prejudice to the right to file another complaint, unless the State of Nevada has previously filed a complaint against the defendant which was dismissed at the request of the prosecuting attorney. After the dismissal, the court shall order the defendant released from custody or, if he is released on bail, exonerate the obligors and release any bail.
6. If a prosecuting attorney files a subsequent complaint after a complaint concerning the same matter has been filed and dismissed against the defendant:
(a) The case must be assigned to the same judge to whom the initial complaint was assigned; and
(b) A court shall not issue a warrant for the arrest of a defendant who was released from custody pursuant to subsection 5 or require a defendant whose bail has been exonerated pursuant to subsection 5 to give bail unless the defendant does not appear in court in response to a properly issued summons in connection with the complaint.
7. The [district attorney of any county] prosecuting attorney in a case".
Amend section 1, page 2, lines 18 and 19, by deleting:
"district attorney or attorney general " and inserting "prosecuting attorney".
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. 453.
Bill read second time and ordered to third reading.

Assembly Bill No. 578.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 784.
Amend the bill as a whole by adding a new section designated sec. 18.5, following sec. 18, to read as follows:
"Sec. 18.5. Chapter 684A of NRS is hereby amended by adding thereto a new section to read as follows:
1. The commissioner may issue a limited license to an adjuster licensed in an adjoining state who has contracted with a domestic insurer that has its principal place of business in this state to adjust and pay claims on business written in this state. A limited license issued pursuant to this section is valid for 3 years or the term of the contract between the adjuster and domestic insurer, whichever is shorter.
2. An adjuster who holds a limited license issued pursuant to this section may adjust claims in this state only pursuant to his contract with the domestic insurer.
3. A domestic insurer who contracts with an adjuster to whom a limited license has been issued pursuant to this section shall maintain in its principal place of business in this state the records of its closed files upon which the adjuster worked.
4. Notwithstanding the provisions of NRS 684A.170, an adjuster who is issued a limited license pursuant to this section is not required to maintain an office or place of business in this state.".
Amend sec. 19, page 14, by deleting line 24.
Amend sec. 19, page 14, line 26, by deleting "state." and inserting:
"state; or
(c) An adjuster who is applying for a limited license pursuant to section 18.5 of this act.".
Amend the bill as a whole by adding a new section designated sec. 22.5, following sec. 22, to read as follows:
"Sec. 22.5. NRS 687B.385 is hereby amended to read as follows:
687B.385An insurer shall not cancel, refuse to renew or increase the premium for renewal of a policy of [casualty or property] motor vehicle insurance covering private passenger cars or commercial vehicles as a result of any claims made under the policy with respect to which the insured was not at fault.".
Amend the title of the bill, eighth line, after "capital;" by inserting:
"prohibiting the cancellation, refusal to renew or increase of premiums for the renewal of certain policies of automobile liability insurance under certain circumstances; authorizing the issuance of limited licenses for adjusters;"
Assemblyman Perkins moved the adoption of the amendment.
Remarks by Assemblyman Perkins.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 589.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 725.
Amend section 1, page 1, line 5, by deleting "indicate" and inserting "recognize".
Amend section 1, page 1, line 10, by deleting "indicate" and inserting "recognize".
Amend section 1, page 1, line 12, after "by a" by inserting "qualified ".
Amend section 1, page 1, line 16, by deleting "indicate" and inserting "recognize".
Amend section 1, page 1, line 18, by deleting "indicate" and inserting "recognize".
Amend section 1, page 2, line 2, by deleting "indicate" and inserting "recognize".
Amend section 1, page 2, by deleting lines 4 through 7 and inserting:
"department, provides reasonable proof of the identity of the applicant and proof of his current employment as a professional firefighter or his status as a retired professional firefighter. Such documentation may include, but is not limited to:
(a) An identification card which indicates that the applicant is currently employed as a professional firefighter or is currently a member of a firefighters' union; or
(b) Evidence of his former employment as a professional firefighter.".
Amend section 1, page 2, line 8, by deleting "indicate" and inserting "recognize".
Amend section 1, page 2, line 11, by deleting "$20 " and inserting "$10 ".
Amend section 1, page 2, between lines 21 and 22, by inserting:
"6. As used in this section, "retired professional firefighter" means a person who retired from employment with a fire department within this state after completing at least 10 years of creditable service as a firefighter within this state.".
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 608.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 789.
Amend section 1, page 2, by deleting lines 9 through 11 and inserting:
"employee of the department may represent himself or be represented by any person of the employee's own choosing.".
Amend the title of the bill by deleting the second and third lines and inserting:
"employee of a department by a person of the employee's own choosing at a hearing or other proceeding conducted by the civil service board of the".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 194.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 645.
Amend sec. 8, page 8, by deleting lines 1 and 2.
Amend sec. 8, page 8, line 3, by deleting "(d)" and inserting "(c)".
Amend sec. 8, page 8, line 5, by deleting "(e)" and inserting "(d)".
Amend sec. 8, page 8, line 9, by deleting "(f)" and inserting "(e)".
Amend sec. 8, page 8, line 14, by deleting "(g)" and inserting "(f)".
Amend sec. 8, page 8, line 15, by deleting "(h)" and inserting "(g)".
Amend sec. 8, page 8, line 20, by deleting "(i)" and inserting "(h)".
Amend sec. 14, page 11, line 20, by deleting "July" and inserting "October".
Amend sec. 14, page 11, by deleting line 23 and inserting:
"residence which indicates that he:".
Amend sec. 14, page 11, line 24, after "not " by inserting:
", on or after October 1, 1997,".
Amend sec. 14, page 11, line 27, after "not " by inserting:
", on or after October 1, 1997,".
Amend sec. 41, page 22, line 4, by deleting "1.".
Amend sec. 41, page 22, by deleting lines 6 through 11 and inserting:
"may , [arrest the probationer or,] by a written authority endorsed on a certified copy of the undertaking, [may empower a person of suitable age and discretion to do so.] cause the probationer to be arrested by a bail agent or bail enforcement agent who is licensed pursuant to chapter 697 of NRS.".
Amend sec. 42, page 22, line 13, by deleting "1.".
Amend sec. 42, page 22, by deleting lines 15 through 21 and inserting:
"discharged, and at any place within the state, may , [themselves arrest him, or] by a written authority [,] endorsed on a certified copy of the undertaking, [may empower any person of suitable age and discretion to do so.] cause the defendant to be arrested by a bail agent or bail enforcement agent who is licensed pursuant to chapter 697 of NRS.".
Amend sec. 47, page 22, line 35, by deleting "July" and inserting "October".
Amend the bill as a whole by deleting sec. 48.
Assemblyman Perkins moved the adoption of the amendment.
Remarks by Assemblyman Perkins.
Amendment adopted.
Assemblyman Perkins moved that Senate Bill No. 194 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.

Senate Bill No. 248.
Bill read second time.
The following amendment was proposed by the Committee on Commerce:
Amendment No. 584.
Amend section 1, page 1, line 2, by deleting "6," and inserting "6.5,".
Amend the bill as a whole by adding a new section designated sec. 6.5, following sec. 6, to read as follows:
"Sec. 6.5. 1. Except as otherwise provided in subsection 3, all fees, penalties and fines received by the division pursuant to the provisions of sections 2 to 6.5, inclusive, of this act must be deposited with the state treasurer for credit to the division. The money must be used by the division for the administration of the provisions of sections 2 to 6.5, inclusive, of this act.
2. The division may delegate to a hearing officer or panel its authority to take any disciplinary action against property managers, impose and collect fines pursuant to the disciplinary action and deposit the money with the state treasurer for credit to the division.
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2, the division shall deposit the money collected from the imposition of penalties and fines collected from property managers with the state treasurer for credit to the state general fund. The division may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay an attorney's fee or the costs of an investigation, or both.".
Amend sec. 8, page 4, between lines 3 and 4, by inserting:
"3. The term does not include a person who is employed by a licensed real estate broker to accept reservations on behalf of a person engaged in the business of the rental of lodging for 31 days or less, if the employee does not perform any tasks related to the sale or other transfer of an interest in real estate.".
Assemblyman Humke moved the adoption of the amendment.
Remarks by Assemblyman Humke.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 346.
Bill read second time and ordered to third reading.

Senate Bill No. 406.
Bill read second time and ordered to third reading.

GENERAL FILE AND THIRD READING

Assembly Bill No. 342.
Bill read third time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 653.
Amend the bill as a whole by deleting sections 1 through 5, renumbering sections 6 and 7 as sections 3 and 4 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
"Section 1 Chapter 212 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 213.400, a person who has been arrested for, charged with or convicted of a felony or a gross misdemeanor, who is being supervised electronically pursuant to such an arrest, charge or conviction and 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 gross misdemeanor.
2. A person who has been arrested for, charged with or convicted of a misdemeanor, who is supervised electronically pursuant to such an arrest, charge or conviction and 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.
3. 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.
4. A sentence imposed pursuant to this section must run consecutively with the sentence imposed for the original offense.
Sec. 2 NRS 213.400 is hereby amended to read as follows:
213.4001. If an offender is absent, without authorization, from his residence, employment, treatment or other activity authorized by the division [:
1. He] , he shall be deemed an escaped prisoner [;] and shall be punished as provided in NRS 212.090.
2. The chief parole and probation officer may issue a warrant for [his arrest. A peace officer shall execute] the arrest of the offender. The warrant must be executed by a peace officer in the same manner as ordinary criminal process.".
Amend the title of the bill, second line, after "supervision;" by inserting:
"clarifying the penalty for certain felons who are on residential confinement and are absent without authorization;".
Amend the summary of the bill to read as follows:
"SUMMARY--Revises provisions governing electronic supervision. (BDR 16-1177)".
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 96.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 96:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 96 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 585.
Bill read third time.
Remarks by Assemblyman Neighbors.
Roll call on Assembly Bill No. 585:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 585 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 590.
Bill read third time.
Remarks by Assemblyman Williams.
Roll call on Assembly Bill No. 590:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 590 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 599.
Bill read third time.
Remarks by Assemblymen Manendo and Gustavson.
Roll call on Assembly Bill No. 599:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 599 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 221.
Bill read third time.
Remarks by Assemblywoman Ohrenschall.
Roll call on Senate Bill No. 221:
Yeas -- 42.
Nays -- None.
Senate Bill No. 221 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 255.
Bill read third time.
Remarks by Assemblywoman Braunlin.
Roll call on Senate Bill No. 255:
Yeas -- 39.
Nays -- None.
Not voting -- Collins, Lambert, Sandoval - 3.
Senate Bill No. 255 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 75.
Bill read third time.
Remarks by Assemblywoman Segerblom.
Roll call on Senate Bill No. 75:
Yeas -- 42.
Nays -- None.
Senate Bill No. 75 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

MESSAGES FROM THE SENATE

Senate Chamber, Carson City, June 24, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 24, 350, 365.

Mary Jo Mongelli

Assistant Secretary of the Senate

INTRODUCTION, FIRST READING AND REFERENCE

Senate Bill No. 24.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

Senate Bill No. 350.
Assemblyman Perkins moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.

Senate Bill No. 363.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

UNFINISHED BUSINESS
Consideration of Senate Amendments

Assembly Bill No. 84.
The following Senate amendment was read:
Amendment No. 538.
Amend sec. 2, page 1, by deleting lines 12 through 14 and inserting:
"217.020 As used in NRS 217.010 to 217.270, inclusive, [and] sections 3 and 4 of [this act,] Assembly Bill No. 110 of this session and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 217.025 to 217.070, inclusive, and section 3 of [this act] Assembly Bill No. 110 of this session have the meanings ascribed to them in".
Amend sec. 3, page 2, by deleting lines 9 through 14 and inserting:
"NRS 484.3795; [or]
5. A pedestrian who is physically injured or killed as the direct result of a driver of a motor vehicle who failed to stop at the scene of an accident involving the driver and the pedestrian in violation of NRS 484.219; or
6. A resident who is physically injured or killed as the direct result of an act of international terrorism as defined in 18 U.S.C. § 2331(1).
The term includes a person who was harmed by any of these acts whether the act was committed by an adult or a minor.".
Amend sec. 6, page 3, by deleting lines 28 through 38 and inserting:
"(b) Was not a citizen of the United States or was not lawfully entitled to reside in the United States at the time the incident upon which the claim is based occurred or he is unable to provide proof that he was a citizen of the United States or was lawfully entitled to reside in the United States at that time;
(c) Was a coconspirator, codefendant, accomplice or adult passenger of the offender whose crime caused the victim's injuries;
(d) Was not a resident at the time he was victimized, unless he was injured in this state and the board determines that the State of Nevada has a sufficient amount of money to pay for the claim from money received from the Federal Government for the compensation of victims of crime; [or]
(e) Was injured or killed while serving a sentence of imprisonment in a prison or jail;
(f) Was injured or killed while living in a facility for the commitment or detention of children who are adjudicated delinquent pursuant to chapter 62 of NRS; or
(g) Fails to cooperate with law enforcement agencies. Such cooperation".
Amend sec. 6, page 4, by deleting lines 3 through 6 and inserting:
"continuing relationship may be awarded compensation if the offender would not profit by the compensation of the victim.".
Amend sec. 6, page 4, by deleting lines 15 through 20.
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 84.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.

Assembly Bill No. 97.
The following Senate amendment was read:
Amendment No. 578.
Amend section 1, page 1, by deleting lines 3 through 5 and inserting:
"1. If, at any time during the period of limitation prescribed in NRS 171.085 and 171.095, a victim of a sexual assault or a person authorized to act on behalf of a victim of a sexual assault files with a law enforcement officer a written report concerning the sexual assault, the period of limitation prescribed in NRS 171.085 and 171.095 is removed and there is no limitation of the time within which a prosecution for the sexual assault must be commenced.
2. If a written report is filed with a law enforcement officer pursuant to subsection 1, the law enforcement officer shall provide a copy of the written report to the victim or the person authorized to act on behalf of the victim.
3. If a victim of a sexual assault is under a disability during any part of the period of limitation prescribed in NRS 171.085 and 171.095 and a written report concerning the sexual assault is not otherwise filed pursuant to subsection 1, the period during which the victim is under the disability must be excluded from any calculation of the period of limitation prescribed in 171.085 and 171.095.
4. For the purposes of this section, a victim of a sexual assault is under a disability if the victim is insane, mentally retarded, mentally incompetent or in a medically comatose or vegetative state.
5. As used in this section, "law enforcement officer" means:
(a) A prosecuting attorney;
(b) A sheriff of a county or his deputy;
(c) An officer of a metropolitan police department or a police department of an incorporated city; or
(d) Any other person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.".
Amend sec. 2, page 1, by deleting lines 7 through 9 and inserting:
"171.085Except as otherwise provided in NRS 171.095 [,] and section 1 of this act, an indictment for:
1. Theft, robbery, burglary, forgery, arson or sexual assault".
Amend sec. 3, page 1, line 16, after "in" by inserting:
"section 1 of this act and ".
Amend sec. 3, page 2, line 8, by deleting:
"except sexual assault pursuant to NRS 200.366,".
Amend the title of the bill to read as follows:
"AN ACT relating to criminal procedure; revising the provisions relating to the time within which a prosecution for sexual assault must be commenced; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"SUMMARY--Revises provisions relating to time within which prosecution for sexual assault must be commenced. (BDR 14-364)".
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 97.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.

Assembly Bill No. 148.
The following Senate amendment was read:
Amendment No. 734.
Amend section 1, page 2, line 1, by deleting "trust".
Amend sec. 2, page 3, by deleting lines 14 through 20 and inserting:
"118B.215 1. There is hereby created as a special revenue fund in the state treasury the fund for low-income owners of mobile homes, to be administered by the division. All money received for the use of the fund pursuant to NRS 118B.213 or from any other source must be deposited in the fund.
2. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund. All claims against the fund must be paid as other claims against the state are".
Amend sec. 2, page 3, line 22, by deleting "trust".
Amend sec. 2, page 3, line 25, by deleting "trust".
Amend sec. 2, page 4, line 2, by deleting "trust".
Amend sec. 2, page 4, line 18, by deleting "trust".
Amend the title of the bill by deleting the third through sixth lines and inserting:
"increase that affects a tenant who receives assistance from the fund for low-income owners of mobile homes; requiring a tenant to be the registered owner of a mobile home to be eligible for assistance from the fund; expanding eligibility for assistance from the fund to include persons who are registered owners of ".
Amend the summary of the bill, first line, by deleting "trust".
Assemblyman Perkins moved that the Assembly concur in the Senate amendment to Assembly Bill No. 148.
Remarks by Assemblyman Perkins.
Motion carried.
Bill ordered enrolled.

Assembly Bill No. 176.
The following Senate amendment was read:
Amendment No. 617.
Amend the bill as a whole by renumbering sec. 18 as sec. 22 and adding new sections designated sections 18 through 21, following sec. 17, to read as follows:
"Sec. 18. Section 1 of Senate Bill No. 207 of this session is hereby amended to read as follows:
Section 1. NRS 62.211 is hereby amended to read as follows:
62.2111. Except as otherwise provided in NRS 62.212 and section 1 of [this act] 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 [17] 18 years of age, order [the] :
(1) The parent, guardian or custodian of the child [, and any brothers, sisters] ; and
(2) Any brother, sister or other [persons] person who is living in the same household as the child over whom the court has jurisdiction ,
to attend or participate in counseling, [alone or together] with or without 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.
Sec. 19. Section 11 of Senate Bill No. 102 of this session is hereby amended to read as follows:
Sec. 11. NRS 62.211 is hereby amended to read as follows:
62.2111. 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.
(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] Except as otherwise provided in section 7 of this act, 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.
Sec. 20. Section 1 of Senate Bill No. 277 of this session is hereby amended to read as follows:
Section 1. NRS 62.211 is hereby amended to read as follows:
62.2111. 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.
(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.
(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 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. Except as otherwise provided in section 7 of [this act,] 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.
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.
Sec. 21. Section 4 of Senate Bill No. 277 of this session is hereby amended to read as follows:
Sec. 4. Section 1 of this act becomes effective at 12:03 a.m. on October 1, 1997.".
Assemblywoman Chowning moved that the Assembly concur in the Senate amendment to Assembly Bill No. 176.
Remarks by Assemblywoman Chowning.
Motion carried.
Bill ordered enrolled.

Assembly Bill No. 315.
The following Senate amendment was read:
Amendment No. 627.
Amend section 1, page 1, by deleting lines 2 through 8 and inserting:
"176.245[Every defendant:
1. Whose probation has been revoked; or
2. Whose] A defendant whose term of probation has expired [, and:
(a)] and:
1. Whose whereabouts are unknown;
[(b)] 2. Who has failed to make restitution in full as ordered by the court, without a verified showing of economic hardship; or
[(c)] 3. Who has otherwise failed to qualify for an honorable discharge as".
Amend the title of the bill, second line, by deleting "discharge;" and inserting:
"discharge under certain circumstances;".
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 315.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.

Assembly Bill No. 386.
The following Senate amendment was read:
Amendment No. 711.
Amend section 1, page 1, by deleting lines 3 through 5 and inserting:
"1. A court clerk may accept a complaint filed pursuant to this chapter that is filed electronically. A complaint that is filed electronically must contain an image of the signature of the prosecuting attorney.
2. If a court clerk accepts a complaint that is filed electronically pursuant to subsection 1, the court clerk shall acknowledge receipt of the complaint by an electronic time stamp and shall electronically return the complaint with the electronic time stamp to the prosecuting attorney. A complaint that is filed and time-stamped electronically pursuant to this section may be converted into a printed document and served upon a defendant in the same manner as a complaint that is not filed electronically.".
Amend sec. 2, page 1, by deleting lines 8 through 10 and inserting:
"1. A court clerk may accept an information filed pursuant to this chapter that is filed electronically. An information that is filed electronically must contain an image of the signature of the prosecuting attorney.
2. If a court clerk accepts an information that is filed electronically pursuant to subsection 1, the court clerk shall acknowledge receipt of the information by an electronic time stamp and shall electronically return the information with the electronic time stamp to the prosecuting attorney. An information that is filed and time-stamped electronically pursuant to this section may be converted into a printed document and served upon a defendant in the same manner as an information that is not filed electronically.".
Amend the bill as a whole by renumbering sections 3 through 7 as sections 4 through 8 and adding a new section designated sec. 3, following sec. 2, to read as follows:
"Sec. 3. Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A court clerk may allow any of the following documents to be filed electronically:
(a) A petition prepared and signed by the district attorney pursuant to NRS 62.128 or 62.130;
(b) A document relating to proceedings conducted pursuant to NRS 62.193; or
(c) A study and report prepared pursuant to NRS 62.197.
2. Any document that is filed electronically pursuant to this section must contain an image of the signature of the person who is filing the document.".
Amend sec. 3, page 1, line 12, by deleting:
"4 to 7," and inserting:
"5 to 8,".
Amend sec. 4, page 2, line 1, by deleting:
"4 to 7," and inserting:
"5 to 8,".
Amend sec. 6, page 2, line 19, by deleting "5 " and inserting "6 ".
Amend the bill as a whole by renumbering sec. 8 as sec. 10 and adding a new section designated sec. 9, following sec. 7, to read as follows:
"Sec. 9. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:
1. A court clerk may allow any of the following documents to be filed electronically:
(a) A petition signed by the district attorney pursuant to NRS 432B.510; or
(b) A report prepared pursuant to NRS 432B.540.
2. Any document that is filed electronically pursuant to this section must contain an image of the signature of the person who is filing the document.".
Amend sec. 8, page 2, line 33, by deleting "6" and inserting "7".
Amend the title of the bill by deleting the second through fourth lines and inserting:
"complaints and informations and certain other documents that are filed electronically; requiring such documents to contain an electronic image of the signature of the person filing the document; authorizing a public agency to use and accept electronic symbols as a".
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 386.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.

Recede from Assembly Amendments

Assemblyman Anderson moved that the Assembly do not recede from its action on Senate Bill No. 80, that a conference be requested, and that Mr. Speaker appoint a first Committee on Conference consisting of three members to meet with a like committee of the Senate.
Remarks by Assemblyman Anderson.
Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Koivisto, Herrera and Sandoval as a first Committee on Conference to meet with a like committee of the Senate for the further consideration of Senate Bill No. 80.

Signing of Bills and Resolutions

There being no objections, the Speaker and Chief Clerk signed Assembly Concurrent Resolution No. 47; Senate Bills Nos. 335, 366, 369, 370, 407, 408; Senate Joint Resolution No. 14; Senate Concurrent Resolution No. 52.

REMARKS FROM THE FLOOR

Assemblyman Anderson requested that his remarks be entered in the Journal.
I would like to present to the legislature today a quilt that was created during the last session. It is called "In Bed With The Legislature," and I want you all to know that these ladies did not create the name for this.
The quilt was made by the Carson City Family and Community Education Group and has all the signatures of the 68^th session legislators and the executive branch. It was made as a fund raiser for the group's educational programs and was raffled off on Nevada Day in 1995. Irene Davis, Assemblyman Brian Sandoval's secretary, was the lucky winner. She's the lovely lady on my right. You may remember having signed the quilt--I know I surely do.
The quilters who made this great work of Nevada history are Jasmine Shackley, the lovely lady on the left, who is Assemblywoman Sandi Krenzer's secretary; Carol Payne; Elsie Dupree; Barbara Nelis; Jean Pici; Pauline Ebersold; Susan Morning; and Kay Vaughn. The quilt has been displayed at quilt shows in Nevada and California, and the group has raised a little over $500 with it.
This quilt will be on display for the remainder of the session in my office, Room 3127, on the third floor. We want to make sure that everyone has an opportunity to see it. The quilt will be displayed in such a fashion that you should be able to find your name on it. Please join me in thanking these lovely ladies for allowing me to display the quilt and for the construction of the quilt.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

On request of Assemblyman Amodei, the privilege of the floor of the Assembly Chamber for this day was extended to Jerry Longero.

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

On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Gene Collins.

On request of Assemblywoman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Melissa Andres.

On request of Assemblywoman Evans, the privilege of the floor of the Assembly Chamber for this day was extended to Teresa Benitez.

On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Pendery Clark, Pauline Moley, Betsy Palmer, Pam Gilmartin, Linda Class, Liz Holland-Jones, Whitney Biaggi, Will Whipple, Danielle Gurzi, Shelly Guzman, Sean Thaler, Kirk Remer, Matt Lee, Patty Knutson, Christina Bradshaw, Travis Clanton, Ellie Keene, Rickey Hoskin, Cheryl Nicoll, Steven Jackson, Colleen McConnell, Summer Carter, Jessica Weisser, Curtis Hohenstein, Michelle Paterson, Nate Walsh, Cody Krueger, Matthew Sell, Andy Weiss-Berg, Jessie Kizer, Amber Dimmitt, Kody Kiltz, Jason Altig, Jenna Barron, Sam Huff, Heather Williams, Brian Dixon, Lisa Raker, Karl Bingel, Cassandra Calvillo, Megan Crowe, Kaitlyn White and Dustin Valdes.

On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to John Blackmon and Arvind Menon.

On request of Assemblyman Sandoval, the privilege of the floor of the Assembly Chamber for this day was extended to Annie Gardner.

On request of Assemblywoman Ohrenschall, the privilege of the floor of the Assembly Chamber for this day was extended to Scott Ober, Hope Gosstin and Gertie Schiller.

On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Mike Ryan, Wayne Howard, Judy Howard, David Thomas, Sue Howard, Bonnie Ryan, Bill Gillen, Austin Clark, Kelly Clark, Denny Howard, Debbie Kopp, Sandra Allen, Robert Holm, Peter Binhack, Byron Clark, Peggy Clark, Heather Copp, Dale Ryan, Peter Kwoka and Grant Birmingham.

Assemblyman Perkins moved that the Assembly adjourn until Wednesday, June 25, 1997 at 11 a.m.
Motion carried.

Assembly adjourned at 12:49 p.m.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly