Carson City (Thursday), July 3, 1997

Assembly called to order at 10:57 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Lisa Schilbe.
Gracious God, on the eve of our nation's independence, we want to thank You for the freedom You give us to know and serve You. Thank You for a nation where an individual's voice can be heard and make a difference. As we look back over the past six months, we ask that our voices, both individually and collectively, have made a positive difference in the State of Nevada. With the finish line in view, we pray for the strength and energy to make it through the home stretch and across the finish line knowing we have served You well.

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 Judiciary, to which were referred Senate Bills Nos. 409, 426, 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 was referred Senate Bill No. 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 Labor and Management, to which was referred Senate Bill No. 372, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Saundra Krenzer,

Chairman

Senate Chamber, Carson City, July 2, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 405, 549.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bills Nos. 171, 190, 291 and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 385, 461, 469.
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. 150, 275, 363.
Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly amendments to Senate Bills Nos. 113, 148.
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 Assembly Bill No. 99; Senate Bills Nos. 80, 258.
Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Washington, O'Connell and Wiener as a second Committee on Conference concerning Senate Bill No. 122.

Mary Jo Mongelli

Assistant Secretary of the Senate

Senate Chamber, Carson City, July 3, 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. 62.

Mary Jo Mongelli

Assistant Secretary of the Senate

Assemblyman Perkins moved that Assembly Bills Nos. 33, 70, 384, 464, 504, 531, 540, 545, 578, 617, 625, 636, 657, 663; Senate Bills Nos. 233, 266, 424, 457 be placed on the General File.
Motion carried.

Assembly Concurrent Resolution No. 32.
Resolution read.
Assemblyman Herrera moved the adoption of the resolution.
Remarks by Assemblyman Herrera.
Resolution adopted, as amended.

Assembly Concurrent Resolution No. 44.
Resolution read.
Assemblyman Williams moved the adoption of the resolution.
Remarks by Assemblyman Williams.
Resolution adopted, as amended.

Senate Concurrent Resolution No. 62.
Assemblywoman Krenzer moved the adoption of the resolution.
Remarks by Assemblywoman Krenzer.
Resolution adopted.

Senate Bill No. 461.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 469.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.

Assembly Bill No. 70.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 70:
Yeas -- 39.
Nays -- Braunlin, Collins, Lee - 3.
Assembly Bill No. 70 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 384.
Bill read third time.
Remarks by Assemblywoman Cegavske.
Roll call on Assembly Bill No. 384:
Yeas -- 38.
Nays -- Anderson, Goldwater, Herrera, Perkins - 4.
Assembly Bill No. 384 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 464.
Bill read third time.
Remarks by Assemblywoman Evans.
Roll call on Assembly Bill No. 464:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 464 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 504.
Bill read third time.
Remarks by Assemblyman Parks.
Roll call on Assembly Bill No. 504:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 504 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 531.
Bill read third time.
Remarks by Assemblyman Sandoval.
Roll call on Assembly Bill No. 531:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 531 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 540.
Bill read third time.
Remarks by Assemblymen Bache, Segerblom and Perkins.
Roll call on Assembly Bill No. 540:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 540 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 545.
Bill read third time.
Remarks by Assemblywoman Chowning.
Roll call on Assembly Bill No. 545:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 545 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 578.
Bill read third time.
Remarks by Assemblyman Herrera.
Roll call on Assembly Bill No. 578:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 578 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 617.
Bill read third time.
Remarks by Assemblyman Hettrick.
Roll call on Assembly Bill No. 617:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 617 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 625.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Assembly Bill No. 625:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 625 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 636.
Bill read third time.
Remarks by Assemblymen Arberry, Freeman, Evans, Chowning and Humke.
Roll call on Assembly Bill No. 636:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 636 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 657.
Bill read third time.
Remarks by Assemblywoman Chowning.
Roll call on Assembly Bill No. 657:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 657 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 663.
Bill read third time.
Remarks by Assemblymen Krenzer and Goldwater.
Assemblyman Goldwater moved that Assembly Bill No. 663 be taken from its position on the General File and placed at the bottom of the General File.
Motion carried.

Senate Bill No. 372.
Bill read third time.
Remarks by Assemblymen Krenzer and Bache.
Roll call on Senate Bill No. 372:
Yeas -- 42.
Nays -- None.
Senate Bill No. 372 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 409.
Bill read third time.
Remarks by Assemblyman Nolan.
Roll call on Senate Bill No. 409:
Yeas -- 42.
Nays -- None.
Senate Bill No. 409 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 426.
Bill read third time.
Remarks by Assemblymen Collins, Hickey, Evans and Anderson.
Roll call on Senate Bill No. 426:
Yeas -- 42.
Nays -- None.
Senate Bill No. 426 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 485.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 485:
Yeas -- 42.
Nays -- None.
Senate Bill No. 485 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 233.
Bill read third time.
Remarks by Assemblymen Price, Arberry, Perkins, Giunchigliani, Evans, Lambert, Carpenter, Goldwater and Mortenson.
Assemblywoman Giunchigliani moved that Senate Bill No. 233 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.

Senate Bill No. 266.
Bill read third time.
Remarks by Assemblymen de Braga, Collins and Bache.
Roll call on Senate Bill No. 266:
Yeas -- 42.
Nays -- None.
Senate Bill No. 266 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 424.
Bill read third time.
Remarks by Assemblyman Price.
Roll call on Senate Bill No. 424:
Yeas -- 42.
Nays -- None.
Senate Bill No. 424 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 457.
Bill read third time.
Remarks by Assemblymen Amodei, Ernaut, Goldwater and Hickey.
Roll call on Senate Bill No. 457:
Yeas -- 35.
Nays -- Close, de Braga, Evans, Freeman, Giunchigliani, Herrera, Perkins - 7.
Senate Bill No. 457 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 663.
Bill read third time.
Remarks by Assemblymen Krenzer, Goldwater and Anderson.
Roll call on Assembly Bill No. 663:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 663 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Bernie Anderson,

Chairman

Mr. Speaker:
Your Concurrent Committee on Ways and Means, to which was referred Assembly Bill No. 353, 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 referred Senate Bill No. 489, 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

Assembly Bill No. 456.
The following Senate amendment was read:
Amendment No. 842.
Amend section 1, page 1, line 4, by deleting "limit in" and inserting:
"limit:
(a) In".
Amend section 1, page 1, line 6, by deleting "conducted shall " and inserting:
"conducted; and
(b) At a time when the workers who are performing the construction, maintenance or repair of the highway are present,
shall ".
Amend section 1, page 1, by deleting line 14 and inserting:
"2. The penalty imposed for the primary offense and the additional penalty imposed pursuant to subsection 1 must not exceed a total of $1,000,".
Amend section 1, page 2, line 5, by deleting:
"approximately 100 feet".
Assemblyman Anderson moved that the Assembly concur in the Senate amendment to Assembly Bill No. 456.
Remarks by Assemblyman Anderson.
Motion carried.
Bill ordered enrolled.

Assembly Bill No. 457.
The following Senate amendment was read:
Amendment No. 1044.
Amend the bill as a whole by deleting sections 1 through 11 and adding new sections designated sections 1 through 9, following the enacting clause, to read as follows:
"Section 1 NRS 4.373 is hereby amended to read as follows:
4.3731. Except as otherwise provided by specific statute or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. [The] When the circumstances warrant, the justice of the peace may order [,] as a condition of suspension [,] that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity; [and]
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace [.] ;
(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(h) Submit to periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.
2. The justice of the peace may order reports, from such persons and at such times as he deems appropriate, concerning the [offender's] compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
3. The justice of the peace may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.
Sec. 2 NRS 4.3762 is hereby amended to read as follows:
4.37621. In lieu of imposing any punishment other than a minimum sentence mandated by statute, a justice of the peace may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the justice of the peace shall consider the criminal record of the [defendant] convicted person and the seriousness of the crime committed.
2. In sentencing a convicted person to a term of residential confinement, the justice of the peace shall:
(a) Require the [defendant] convicted person to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the justice of the peace; and
(b) Require intensive supervision of the convicted person, including electronic surveillance and unannounced visits to his residence or other locations where he is expected to be to determine whether he is complying with the terms of his sentence.
3. In sentencing a convicted person to a term of residential confinement, the justice of the peace may, when the circumstances warrant, require the convicted person to submit to:
(a) A search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(b) Periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.
4. An electronic device approved by the division of parole and probation of the department of motor vehicles and public safety may be used to supervise a convicted person sentenced to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the [person's] presence of the person at his residence, including, but not limited to, the transmission of still visual images which do not concern the [person's] activities of the person while inside his residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the [person's] activities of the person while inside his residence,
must not be used.
[4.] 5. A term of residential confinement, together with the term of any minimum sentence mandated by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.
6. The justice of the peace may issue a warrant for the arrest of a convicted person who violates or fails to fulfill a condition of residential confinement.
Sec. 3 NRS 5.055 is hereby amended to read as follows:
5.0551. Except as otherwise provided by specific statute or unless the suspension of a sentence is expressly forbidden, a municipal judge may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. [The] When the circumstances warrant, the municipal judge may order [,] as a condition of suspension [,] that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity; [and]
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the municipal judge [.] ;
(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(h) Submit to periodic tests to determine whether the offender is using any controlled substance or alcohol.
2. The municipal judge may order reports, from such persons and at such times as he deems appropriate, concerning the [offender's] compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
3. The municipal judge may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.
Sec. 4 NRS 5.076 is hereby amended to read as follows:
5.0761. In lieu of imposing any punishment other than a minimum sentence mandated by statute, a municipal judge may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the municipal judge shall consider the criminal record of the [defendant] convicted person and the seriousness of the crime committed.
2. In sentencing a convicted person to a term of residential confinement, the municipal judge shall:
(a) Require the [defendant] convicted person to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the municipal judge; and
(b) Require intensive supervision of the convicted person, including electronic surveillance and unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his sentence.
3. In sentencing a convicted person to a term of residential confinement, the municipal judge may, when the circumstances warrant, require the convicted person to submit to:
(a) A search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(b) Periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.
4. An electronic device approved by the division of parole and probation of the department of motor vehicles and public safety may be used to supervise a convicted person sentenced to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the [person's] presence of the person at his residence, including, but not limited to, the transmission of still visual images which do not concern the [person's] activities of the person while inside his residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the [person's] activities of the person while inside his residence,
must not be used.
[4.] 5. A term of residential confinement, together with the term of any minimum sentence mandated by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.
6. The municipal judge may issue a warrant for the arrest of a convicted person who violates or fails to fulfill a condition of residential confinement.
Sec. 5 NRS 178.484 is hereby amended to read as follows:
178.4841. Except as otherwise provided in this section, a person arrested for an offense other than murder of the first degree must be admitted to bail.
2. A person arrested for a felony who has been released on probation or parole for a different offense must not be admitted to bail unless:
(a) A court issues an order directing that the person be admitted to bail;
(b) The state board of parole commissioners directs the detention facility to admit the person to bail; or
(c) The division of parole and probation of the department of motor vehicles and public safety directs the detention facility to admit the person to bail.
3. A person arrested for a felony whose sentence has been suspended pursuant to NRS 4.373 or 5.055 for a different offense or who has been sentenced to a term of residential confinement pursuant to NRS 4.3762 or 5.076 for a different offense must not be admitted to bail unless:
(a) A court issues an order directing that the person be admitted to bail; or
(b) A department of alternative sentencing directs the detention facility to admit the person to bail.
4. A person arrested for murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense.
[4.] 5. A person arrested for a battery upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing or with whom he has a child in common, his minor child or a minor child of that person, must not be admitted to bail sooner than 12 hours after his arrest.
[5.] 6. The court may, before releasing a person arrested for an offense punishable as a felony, require the surrender to the court of any passport the person possesses.
[6.] 7. Before a person may be admitted to bail, he must sign a document stating that:
(a) He will appear at all times and places as ordered by the court releasing him and as ordered by any court before which the charge is subsequently heard;
(b) He will comply with the other conditions which have been imposed by the court and are stated in the document; and
(c) If he fails to appear when so ordered and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.
The signed document must be filed with the clerk of the court of competent jurisdiction as soon as practicable, but in no event later than the next business day.
Sec. 6 Chapter 211A of NRS is hereby amended by adding thereto a new section to read as follows:
1. The chief or an assistant may arrest a probationer without a warrant if there is probable cause to believe that the probationer has committed an act that constitutes a violation of a condition of his suspended sentence or residential confinement.
2. Any other peace officer may arrest a probationer upon receipt of a written order by a chief or an assistant stating that there is probable cause to believe that a probationer has committed an act that constitutes a violation of a condition of his suspended sentence or residential confinement.
3. After making an arrest, the chief, assistant or other peace officer shall immediately notify the sentencing court of the arrest of the probationer and shall submit a written report setting forth the act that constituted a violation of a condition of the suspended sentence or residential confinement of the probationer.
4. A chief, an assistant or another peace officer may immediately release from custody without any further proceedings any probationer arrested without a warrant pursuant to this section if he determines that there is not probable cause to believe that the person violated the condition of his suspended sentence or residential confinement.
Sec. 7 NRS 289.180 is hereby amended to read as follows:
289.1801. The following persons have the powers of a peace officer:
(a) The chief parole and probation officer appointed pursuant to NRS 213.1092 ; [.]
(b) Assistant parole and probation officers appointed pursuant to NRS 213.1095 [.] ;
(c) The chief of a department of alternative sentencing established pursuant to NRS 211A.080; and
(d) Assistant alternative sentencing officers of a department of alternative sentencing.
2. A juvenile probation officer or assistant juvenile probation officer whose official duties require him to enforce court orders on juvenile offenders and make arrests has the same powers as a peace officer when performing duties pursuant to NRS 213.220 to 213.290, inclusive, or chapter 62 or 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.
3. A director of juvenile services has the powers of a peace officer in his judicial district when performing duties pursuant to NRS 213.220 to 213.290, inclusive, or chapter 62 or 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.
4. The chief of the youth parole bureau of the division of child and family services in the department of human resources and the parole officers of the bureau have the powers of a peace officer in carrying out the functions of the bureau.
5. A director of a department of family, youth and juvenile services established pursuant to NRS 62.1264 has the powers of a peace officer in the county when carrying out duties pursuant to chapter 62 of NRS, NRS 213.220 to 213.290, inclusive, or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while carrying out those duties.
[6. The chief of a department of alternative sentencing established pursuant to NRS 211A.080 and the assistant alternative sentencing officers of the department have the powers of a peace officer in the county when carrying out duties pursuant to NRS 211A.090, 211A.110 and 211A.120, including the power to arrest an adult criminal offender or detain a juvenile offender encountered while carrying out those duties.]
Sec. 8 Sections 1 and 3 of this act become effective at 12:01 a.m. on October 1, 1997.
Sec. 9 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.".
Amend the title of the bill to read as follows:

"AN ACT relating to crimes; authorizing a justice of the peace and a municipal judge to impose certain conditions on a person who is released on a suspended sentence or residential confinement; authorizing a justice of the peace and a municipal judge to issue a warrant for the arrest of a person who has violated a condition of his suspended sentence or residential confinement; providing that certain persons within a department of alternative sentencing have the powers of peace officers; and providing other matters properly relating thereto.".

Assemblyman Perkins moved that Senate Bills Nos. 208, 318, 489 be placed on the Second Reading File.
Motion carried.

Senate Bill No. 318.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 1165.
Amend section 1, page 1, line 2, by deleting "2" and inserting "2, 2.5".
Amend sec. 2, page 1, by deleting lines 3 through 6 and adding new sections designated sections 2 and 2.5, following section 1, to read as follows:
"Sec. 2. "Televised broadcast" means an audio and video transmission of a race, or series of races, as it occurs at a track that is broadcast by a television broadcast station or transmitted by a cable television system or a satellite television distribution service.
Sec. 2.5. An operator of a race book licensed in this state may use a televised broadcast to maintain and operate the race book, including, without limitation, the determination of and payoffs on wagers.".
Amend the bill as a whole by adding new sections designated sections 3.3 and 3.7, following sec. 3, to read as follows:
"Sec. 3.3. NRS 463.013 is hereby amended to read as follows:
463.013As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0133 to 463.0197, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 3.7. NRS 463.0147 is hereby amended to read as follows:
463.0147"Disseminator" means any person who furnishes an operator of a race book [, sports pool or gambling game] who is licensed in this state with information relating to horse racing or other racing which is used to determine winners of or payoffs on wagers accepted by the operator. The term does not include a [person who provides a] television broadcast station, or operator of a cable television system or satellite distribution service that provides a televised broadcast . [without charge to any person who receives the broadcast.]".
Amend the bill as a whole by adding a new section designated section 5.5, following sec. 5, to read as follows:
"Sec. 5.5. NRS 463.430 is hereby amended to read as follows:
463.4301. [It] Except as otherwise provided in subsection 2, it is unlawful for any person in this state to receive, supply or disseminate in this state by any means information received from any source outside of this state concerning racing, when the information is to be used to maintain and operate any gambling game and particularly any race book, except off-track pari-mutuel wagering for which the user is licensed pursuant to chapter 464 of NRS, without first having obtained a license so to do as provided in NRS 463.430 to 463.480, inclusive.
2. The provisions of this section do not apply to:
(a) Any person who provides a televised broadcast which is presented without charge to any person who receives the broadcast.
(b) Any licensee who has been issued a gaming license and receives from or supplies to any affiliated licensee, by means of a computerized system for bookmaking used by the licensee and the affiliated licensee, information concerning racing.
(c) An operator of a race book licensed in this state that uses a televised broadcast to maintain and operate the race book, including, without limitation, the determination of or payoffs on wagers.
3. For the purposes of this section:
(a) Any broadcasting or display of information concerning racing held at a track which uses the pari-mutuel system of wagering is an incident of maintaining and operating a race book.
(b) "Affiliated licensee" means any person to whom a valid gaming license or pari-mutuel wagering license has been issued that directly, or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, a licensee.".
Amend sec. 6, page 3, line 39, by deleting "or".
Amend sec. 6, page 3, line 41, by deleting "wager." and inserting "wager; or
(c) Increase the payoff of, or pay a bonus on, a winning off-track pari-mutuel wager.".
Amend sec. 7, page 5, line 3, by deleting "Three" and inserting "Two".
Amend sec. 7, page 5, by deleting line 7 and inserting:
"(c) Two other members.".
Amend sec. 7, page 5, by deleting line 13 and inserting:
"wagering committee pursuant to subsection 5, the commission shall:
(a) Grant to".
Amend sec. 7, page 5, line 16, by deleting "(a)" and inserting "[(a)] (1)".
Amend sec. 7, page 5, line 18, by deleting "(b)" and inserting "[(b)] (2)".
Amend sec. 7, page 5, between lines 19 and 20, by inserting:
"(b) Require the off-track pari-mutuel wagering committee to grant to each person licensed pursuant to this chapter to operate an off-track pari-mutuel race pool the right to receive, on a fair and equitable basis, all services concerning wagering in such a race pool that the committee has negotiated to bring into or provide within this state.".
Amend sec. 13, page 6, line 18, after "wager" by inserting:
"placed by a person for his own benefit or, without compensation, for the benefit of another".
Amend sec. 13, page 6, line 20, by deleting "this chapter," and inserting:
"chapter 463 of NRS,".
Amend the bill as a whole by adding a new section designated sec. 13.3, following sec. 13, to read as follows:
"Sec. 13.3. Section 4 of Senate Bill No. 345 of this session is hereby amended to read as follows:
Sec. 4. NRS 463.013 is hereby amended to read as follows:
463.013 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0133 to 463.0197, inclusive, [and] section 2 of [this act] Senate Bill No. 318 of this session and section 2 of this act have the meanings ascribed to them in those sections.".
Amend sec. 15, page 6, lines 35 and 36, by deleting:
"is hereby dissolved." and inserting:
"may be dissolved by the commission upon appointment of a committee pursuant to NRS 464.020 after the effective date of this act.".
Amend the bill as a whole by adding a new section designated sec. 16.5, following sec. 16, to read as follows:
"Sec. 16.5. The amendatory provisions of sections 2, 2.5, 3.3, 3.7 and 5.5 of this act become effective when the Nevada gaming commission adopts regulations to govern the use of televised broadcasts which ensure the integrity of results of races, and upon a recommendation of the state gaming control board, and expire by limitation on December 31, 1997, if such regulations have not been adopted.".
Amend the title of the bill to read as follows:
"AN ACT relating to gaming; making various changes concerning the use of televised broadcasts; authorizing the state gaming control board to permit an establishment to relocate and transfer its license to a new location in certain circumstances; providing that certain information relating to applicants and licensees is confidential; prohibiting certain acts relating to wagering; revising certain provisions relating to off-track pari-mutuel wagering; providing penalties; and providing other matters properly relating thereto.".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 489.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 1122.
Amend sec. 10, page 3, by deleting lines 16 and 17 and inserting:
"Sec. 10. To the extent that money is available in the aging services division's gift account:".
Amend the bill as a whole by deleting sec. 12 and renumbering sec. 13 as sec. 12.
Amend the title of the bill, second and third lines, by deleting:
"making an appropriation;".
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

"AN ACT relating to governmental administration; revising provisions governing the review of plans for school facilities; authorizing school districts to enter lease agreements for school facilities with an option to purchase the facilities; requiring the boards of trustees of school districts in certain counties to establish oversight panels for school facilities; prescribing the membership and duties of the oversight panels; increasing the room tax fee and the real property transfer tax for the support of capital projects of school districts; authorizing the board of trustees of each school district to issue bonds without holding an election in certain circumstances; creating the state planning commission for school facilities; prescribing the membership and duties of the commission; and providing other matters properly relating thereto.".

Assembly Bill No. 541.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Assembly Bill No. 541:
Yeas -- 33.
Nays -- Amodei, de Braga, Dini, Marvel, Neighbors, Sandoval, Tiffany - 7.
Not voting -- Carpenter, Lee - 2.
Assembly Bill No. 541 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 105.
Bill read third time.
Remarks by Assemblywoman Krenzer.
Roll call on Senate Bill No. 105:
Yeas -- 42.
Nays -- None.
Senate Bill No. 105 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 356.
Bill read third time.
Remarks by Assemblyman Amodei.
Roll call on Senate Bill No. 356:
Yeas -- 42.
Nays -- None.
Senate Bill No. 356 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assemblyman Perkins moved that the Assembly recess until 4:30 p.m.
Motion carried.

Assembly in recess at 12:52 p.m.

At 5:15 p.m.
Mr. Speaker presiding.
All present except Assemblyman Hettrick, who was excused.

Vivian L. Freeman,

Chairman

Mr. Speaker:
Your Committee on Taxation, to which was referred Senate Bill No. 403, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Robert E. Price,

Chairman

Mr. Speaker:
Your Committee on Taxation, to which were referred Assembly Bill No. 482; Senate Bill No. 464, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Robert E. Price,

Chairman

Mr. Speaker:
Your Committee on Transportation, to which was referred Senate Bill No. 469, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Vonne Chowning,

Chairman

Senate Chamber, Carson City, July 3, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bills Nos. 11, 74, 208, 312, 468, 517 and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 493.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 261, 400, 427.
Also, I have the honor to inform your honorable body that the Senate on this day adopted, as amended Senate Concurrent Resolutions Nos. 10, 21, 60.

Mary Jo Mongelli

Assistant Secretary of the Senate

Senate Concurrent Resolution No. 21.
Assemblyman Perkins moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.

Senate Concurrent Resolution No. 60.
Assemblyman Perkins moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.

Senate Bill No. 400.
Assemblyman Perkins moved that the bill be referred to the Committee on Labor and Management.
Motion carried.

Senate Bill No. 427.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 493.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Assemblyman Price moved that Senate Bill No. 464 be taken from the Second Reading File and placed on the Chief Clerk's desk.
Motion carried.

Assemblyman Perkins moved that Senate Bills Nos. 436, 489 be placed on the General File.
Motion carried.

"AN ACT relating to special fuel; authorizing the operation or maintenance of certain motor vehicles on the highways of this state which are propelled by special fuel that is dyed and exempt from the tax imposed on that fuel; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"SUMMARY--Authorizes operation or maintenance of certain motor vehicles on highways of this state which are propelled by special fuel that is dyed and exempt from tax imposed on that fuel. (BDR 32-1661)".

Senate Bill No. 403.
Bill read third time.
Remarks by Assemblymen Price, Freeman and Carpenter.
Roll call on Senate Bill No. 403:
Yeas -- 41.
Nays -- None.
Excused -- Hettrick.
Senate Bill No. 403 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 469.
Bill read third time.
Remarks by Assemblymen Anderson, Sandoval, Chowning, Price and Bache.
Roll call on Senate Bill No. 469:
Yeas -- 33.
Nays -- Bache, Ernaut, Evans, Giunchigliani, Gustavson, Hickey, Perkins, Tiffany - 8.
Excused -- Hettrick.
Senate Bill No. 469 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assemblywoman Giunchigliani moved that Senate Bill No. 233 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblywoman Giunchigliani.
Motion carried.

Christina R. Giunchigliani,

Chairman

Assemblyman Anderson moved that the Assembly recess subject to the call of the Chair.
Motion carried.

Assembly in recess at 5:50 p.m.

At 6:24 p.m.
Mr. Speaker presiding.
Quorum present.

Christina R. Giunchigliani,

Chairman

Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Senate Joint Resolution No. 14 of the 68^th Session, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Christina R. Giunchigliani,

Chairman

Mr. Speaker:
Your Concurrent Committee on Ways and Means, to which was referred Senate Bill No. 229, 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 were referred Senate Bills Nos. 3, 35, 135, 385, 476, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry, Jr.,

Chairman

Senate Chamber, Carson City, July 3, 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. 184, 296, 319, 436, 634, 644, 664.
Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bills Nos. 306, 437, 453, 460, 466, 512, 521, 524 and respectfully requests your honorable body to concur in said amendments.
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. 251, 328, 402.
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. 470 and requests a conference, and appointed Senators Adler, Jacobsen and McGinness 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 respectfully refused to concur in the Assembly amendment to Senate Bill No. 398.
Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Augustine, Rhoads and Schneider as a first Committee on Conference concerning Senate Bill No. 242.

Mary Jo Mongelli

Assistant Secretary of the Senate

Assemblyman Price moved that Senate Bill No. 464 be taken from the Chief Clerk's desk and placed on the Second Reading File.
Motion carried.

By the Committee on Elections, Procedures, and Ethics:
Assembly Concurrent Resolution No. 57--Directing the Legislative Commission to conduct an interim study of the system of juvenile justice in the State of Nevada.
Assemblywoman Giunchigliani moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Remarks by Assemblywoman Giunchigliani.
Motion carried.

Senate Concurrent Resolution No. 10.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblywoman Giunchigliani.
Resolution adopted.

Senate Concurrent Resolution No. 21.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblywoman Giunchigliani.
Resolution adopted.

Senate Concurrent Resolution No. 53.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblywoman Giunchigliani.
Resolution adopted.

Senate Concurrent Resolution No. 60.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblywoman Giunchigliani.
Resolution adopted.

Senate Bill No. 3.
Bill read third time.
Remarks by Assemblymen Von Tobel and Cegavske.
Potential conflict of interest declared by Assemblywoman Cegavske.
Roll call on Senate Bill No. 3:
Yeas--41.
Nays--None.
Excused--Hettrick.
Senate Bill No. 3 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 35.
Bill read third time.
Remarks by Assemblyman Marvel.
Roll call on Senate Bill No. 35:
Yeas--41.
Nays--None.
Excused--Hettrick.
Senate Bill No. 35 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 135.
Bill read third time.
Remarks by Assemblyman Humke and Anderson.
Roll call on Senate Bill No. 135:
Yeas--41.
Nays--None.
Excused--Hettrick.
Senate Bill No. 135 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 229.
Bill read third time.
Remarks by Assemblyman Close.
Roll call on Senate Bill No. 299:
Yeas--41.
Nays--None.
Excused--Hettrick.
Senate Bill No. 299 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 385.
Bill read third time.
Remarks by Assemblymen Giunchigliani and Arberry.
Roll call on Senate Bill No. 385:
Yeas--40.
Nays--None.
Not voting--Evans.
Excused--Hettrick.
Senate Bill No. 385 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 476.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Senate Bill No. 476:
Yeas--41.
Nays--None.
Excused--Hettrick.
Senate Bill No. 476 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Joint Resolution No. 14 of the 68th Session.
Resolution read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Senate Joint Resolution No. 14 of the 68th Session:
Yeas--41.
Nays--None.
Excused--Hettrick.
Senate Joint Resolution No. 14 of the 68th Session having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.

Bernie Anderson,

Chairman

Assembly Bill No. 74.
The following Senate amendment was read:
Amendment No. 991.
Amend section 1, page 2, line 13, after "Development." by inserting:
"If the board of county commissioners receives more than one application for conveyance of the property, the board must give priority to an application for conveyance of a nonprofit organization that demonstrates to the satisfaction of the board that the organization will use the property to develop affordable housing for persons who are disabled or elderly.".
Amend sec. 3, page 4, line 4, after "Development." by inserting:
"If the governing body receives more than one application for conveyance of the property, the governing body must give priority to an application for conveyance of a nonprofit organization that demonstrates to the satisfaction of the governing body that the organization will use the property to develop affordable housing for persons who are disabled or elderly.".
Assemblyman Bache moved that the Assembly concur in the Senate amendment to Assembly Bill No. 74.
Remarks by Assemblyman Bache.
Motion carried.
Bill ordered enrolled.

Assembly Bill No. 468.
The following Senate amendment was read:
Amendment No. 978.
Amend section 1, page 1, line 3, by deleting "All " and inserting:
"In accordance with the policy of the board of regents, all ".
Assemblyman Williams moved that the Assembly concur in the Senate amendment to Assembly Bill No. 468.
Remarks by Assemblyman Williams.
Motion carried.
Bill ordered enrolled.

Assembly Bill No. 517.
The following Senate amendment was read:
Amendment No. 992.
Amend sec. 2, pages 3 and 4, by deleting lines 17 through 43 on page 3 and lines 1 through 23 on page 4 and inserting:
"244.3605 1. Notwithstanding the provisions of NRS 244.360 and 244.3601, the board of county commissioners of a county may adopt by ordinance procedures pursuant to which the board or its designee may order an owner of property within the county to:
(a) Repair, safeguard or demolish a dangerous structure;
(b) Clear debris, rubbish and refuse which is not subject to the provisions of chapter 459 of NRS; or
(c) Clear weeds and noxious plant growth,
[in order] to protect the public health, safety and welfare of the residents of the county.
2. An ordinance adopted pursuant to subsection 1 must:
(a) Contain procedures pursuant to which the owner of the property is:
(1) Sent notice, by [registered or] certified mail, return receipt requested, of the existence on his property of a condition set forth in subsection 1 and the date by which he must abate the condition; and
(2) Afforded an opportunity for a hearing before the designee of the board and an appeal of that decision to the board.
(b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision . [and for the period during which the owner appeals that decision.]
(c) Provide the manner in which the county will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.
(d) Provide for civil penalties for each day that the owner did not abate the condition after the date specified in the notice by which the owner was required to abate the condition.
3. The board or its designee may direct the county to abate the condition on the property and may recover the amount expended by the county for labor and materials used to abate the condition if:
(a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition on his property within the period specified in the notice.
(b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition within the period specified in the order.
(c) The board has denied the appeal of the owner and the owner has failed to abate the condition within the period specified in the order.
4. In addition to any other reasonable means of recovering money expended by the county to abate the condition, the board may provide that the expense is a lien upon the property upon which such a condition is located. The lien must be perfected by:
(a) Mailing by [registered or] certified mail a notice of the lien, separately prepared for each lot affected, addressed to the last known owner of the property at his last known address, as determined by the real property assessment roll in the county in which the property is located; and
(b) Filing with the county recorder of the county in which the property is located, a statement of the amount due and unpaid and describing the property subject to the lien.".
Amend the bill as a whole by adding new sections designated sections 7.2 and 7.4, following sec. 7, to read as follows:
"Sec. 7.2. Section 1 of Senate Bill No. 296 of this session is hereby amended to read as follows:

Section 1. NRS 40.140 is hereby amended to read as follows:

40.140 1. Except as otherwise provided in [subsection 2,] this section, anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, including, without limitation, a building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043, is a nuisance, and the subject of an action. The action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.

2. It is presumed:

(a) That an agricultural activity conducted on farmland, consistent with good agricultural practice and established before surrounding nonagricultural activities is reasonable. Such activity does not constitute a nuisance unless the activity has a substantial adverse effect on the public health or safety.

(b) That an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.

3. A shooting range does not constitute a nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:

(a) As those provisions existed on October 1, 1997, for a shooting range in operation on or before October 1, 1997; or

(b) As those provisions exist on the date that the shooting range begins operation, for a shooting range that begins operation after October 1, 1997.

A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.

4. As used in this section, "shooting range" means an area designed and used for archery or sport shooting, including, but not limited to, sport shooting that involves the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or other similar items.

Sec. 2. NRS 202.450 is hereby amended to read as follows:

202.450 1. A public nuisance is a crime against the order and economy of the state.

2. Every place:

(a) Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor is conducted, or any article, apparatus or device useful therefor is kept;

(b) Wherein any fighting between animals or birds is conducted;

(c) Wherein any dog races are conducted without a license as provided by law;

(d) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution;

(e) Wherein a controlled substance, immediate precursor as defined in NRS 453.086 or controlled substance analog as defined in NRS 453.043 is unlawfully sold, served, stored, kept, manufactured, used or given away; or

(f) Where vagrants resort,

is a public nuisance.

3. Every act unlawfully done and every omission to perform a duty, which act or omission:

(a) Annoys, injures or endangers the safety, health, comfort or repose of any considerable number of persons;

(b) Offends public decency;

(c) Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or a public park, square, street, alley, bridge, causeway or highway; or

(d) In any way renders a considerable number of persons insecure in life or the use of property,

is a public nuisance.

4. Agricultural activity conducted on farmland consistent with good agricultural practice and established before surrounding nonagricultural activities is not a public nuisance unless it has a substantial adverse effect on the public health or safety. It is presumed that an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.

5. A shooting range is not a public nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:

(a) As those provisions existed on October 1, 1997, for a shooting range that begins operation on or before October 1, 1997; or

(b) As those provisions exist on the date that the shooting range begins operation, for a shooting range in operation after October 1, 1997.

A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.

6. As used in this section, "shooting range" has the meaning ascribed to it in NRS 40.140.".

Mr. Speaker appointed Assemblymen de Braga, Carpenter and Sandoval as a first Committee on Conference to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 470.

Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblyman Dini:
Chairman Goldwater, I have to respond, because quite frankly, your appointment as chairman of the committee did not meet with popular approval throughout the State of Nevada. However, you have proven yourself and done a nice job. I compliment you for working so hard for some big issues for the State of Nevada. We are going to digress from the program for just a minute. We have some plaques to give out. Paula, my administrative secretary, is here to hand them out. I'd like to call Bernie Anderson up to get his plaque as Chairman of Judiciary. We are very proud of Bernie and the great job he has done. He has had a ton of bills, probably the most bills in any committee in either house, and he did an excellent job. Thank you for all your hard work.
Mr. Arberry is Chairman of Ways and Means. The old Moose is at it. What can we say about Moose? He is there and he worked hard. He worked his committee hard, and I will tell you this, 7:00 or 7:30 a.m. is tough, especially in the middle of winter. Let's give Moose a big hand for a beautiful job.
The next one is a hard worker and has done a heck of a job for Government Affairs. Doug Bache, please come down. Doug has done a beautiful job in Government Affairs, I'll tell you. Good chairman. Of course, that is my favorite committee because I chaired it for five terms, but I'll tell you Doug did a beautiful job. Just as good as the old man could have done. Probably better. The issues are a lot more now than when I started.
Mrs. Chowning, Chairman of Transportation. Vonne, thank you for all your fine work. You have been a great chairman. I think Transportation really established itself as a credible committee this year because of your leadership. Thank you.
We have a little lady here from the cow counties that took on a committee that is a hot spot for her. She may or may not agree with the particular bills that come to her committee but she handled everything very well and Marcia de Braga how about you stepping up here? Marcia, you did a wonderful job. I'll tell you, you took care of the bills you had to take care of and you killed the ones I told you to kill. Great!
Vivian Freeman is our Chairman of Health and Human Services. Vivian, you are the old workhorse here that works hard on the tough issues of welfare and child support. Vivian, thank you for being a great chairman.
Now, a slightly controversial character is Chris Giunchigliani, Chairman of Elections, Procedures, and Ethics. Chris, come on down. I appreciate all your efforts. I thought you did a beautiful job this year in Elections, Procedures, and Ethics. You have done a lot of work, because you are a strong chairman that makes things happen. I really am proud of that committee, and your work as chairman.
Mr. Goldwater, Chairman of Infrastructure. Come on down, Goldie! You know, I was criticized for forming an Infrastructure Committee by some colleagues down the hall. They said I shouldn't have done that. But I thought the issue was important enough for the State of Nevada and for the major counties in this state to form that committee, and I am still proud of the fact that I formed the committee and that I put Dave Goldwater as chairman. You did an excellent job and got the big ones out.
The next one is Sandi Krenzer, Chairman of Labor and Management. Sandi, you worked hard and did a good job. We got a lot of strong legislation through for your committee because of your guidance and help to do things right. We congratulate you and thank you for your efforts.
We have a guy who I really love like a son, and his efforts this session are not only reflected as Chairman of Commerce, but also as Majority Leader. I would like to thank Richard Perkins. Richard has certainly done a great job as chairman of commerce. He handled the big issues; he has been able to resolve them and certainly has proved himself to be a major committee chairman. Richard, thanks for all your efforts, and without you we probably would be hanging around for a couple more weeks.
Mr. Price, Chairman of Taxation. Bob is Mr. Reliable. He has been here a long time. He started out the session ill and in a wheel chair. Each day I could see him coming on stronger. His committee has handled big time stuff here at the end. There is one thing about it, Bob Price will handle legislation when he gets it and always does a good job. Bob, thank you very much.
Last but not least, Wendell Williams, Chairman of Education. Wendell, you had a lot of hot issues in your committee. You know education and you are dedicated to the kids in this state and I am proud of you. Congratulations and thanks for all your effort this session.
We have a few leadership plaques to give out. The first one is Jan Evans, Speaker pro Tempore. Jan did a beautiful job and she is there anytime I need her. We were in consultation throughout the session and whatever I wanted she asked if she could help. She presided beautifully, and wouldn't be bad up here permanently. I love that idea. Thanks for all your help and cooperation this session. I really appreciate it.
I have already spoken about my majority floor leader. He is a young man from Henderson, but he has a lot of background and lots of good heritage involved in Henderson. When I first came to the Legislature, Hall Smith from Henderson taught me how to be a chairman of a committee. Jack Jeffrey from Henderson taught me how to be a politician, and this man is a combination of both. Richard, thank you so much for your job as Majority Leader.
We have a young lady that kind of drifted by last session, and has been an instant favorite in this chamber. Ms. Buckley, would you please come front and center? Barbara, you have done a wonderful job. You are really a stabilizing force. You have been everywhere we needed you. Your job hasn't ended yet because in the next couple of days, we are going to need your expertise on a few ticklish issues. Lets give Barbara another big hand.
Mr. Williams, Majority Whip. Wendell, I want to thank you for handling the position of Majority Whip. I know that you worked hard. A lot of our outlaw Democrats don't like all the programs the Democrats may propose, but usually we got the votes because of your efforts and we thank you so much.
Ms. Krenzer, the Assistant Majority Whip. Sandi, I know a lot of the bills we pushed, worked on, and got passed were because of you working with Wendell. We congratulate you for an excellent job well done.
This is a big guy who has done a remarkable job coordinating the Senate with the Assembly. He belongs to the minority in the chamber, but you have to say he has a definite influence on the session. He is one of the greatest kids I have ever known from Elko, even if he grew up with the sheep. Pete Ernaut, step up here. Pete has been a great leader and helped us considerably with the Senate, and helped us pass good legislation in this house because he was willing to work in a bipartisan manner. From the bottom of my heart, I certainly appreciate your efforts, Pete.
Ms. Braunlin, Minority Whip. Deanna has done a great job in this Chambers, and I especially thank her for all her work and help on electric restructuring. I know you probably were out there getting votes for the Republicans all the time but I can't help that. You have done a beautiful job here, and I congratulate you and thank you for being part of the team.
This is a name I have trouble pronouncing, especially when I have the wrong glasses on. Ms. Cegavske, Assistant Minority Whip. Barbara, I want to thank you very much for all your efforts. It has been a pleasure working with you, especially in Ways and Means. I know you were out there hustling votes too, but I forgive you.
Assemblyman Perkins:
Mr. Speaker, with your indulgence, I have a presentation for you. If you would allow me to approach the rostrum. No, I am not trying to get comfortable up here. You know, we have had a lot of opportunities this session to speak about our Speaker. The records he has set in these chambers, the effect he has had on state policy, and just the fact that it is such an honor to serve with a man such as Joseph E. Dini, Jr. from Yerington. It is something that we will remember for a long, long time. It is a part of history, and it is something I am at a loss for words to properly describe. I took it upon myself to get this item for Mr. Speaker. It has a small inscription on it that says, "Presented to Speaker Joe Dini from Majority Leader Richard Perkins on behalf of the 69^th Legislative Assembly, State of Nevada, 1997."
Assemblyman Dini:
That is beautiful. Thank you so very much. Thank you each and every one of you for making this a great session. Richard, that is beautiful.
Assemblyman Perkins:
Thank you, Mr. Speaker, for all of your help, and I guess since we are doing these types of things, it means we are close to going home.
Assemblyman Ernaut:
Thank you Mr. Speaker, I would be remiss if the minority did not speak to the presentation to the Speaker. Obviously our leader, Mr. Hettrick, would certainly want to get up and commend you on a fantastic session. Lynn and I obviously had a common bond with a man named Lou Bergevin who was a mentor to not only us but also many people in this body. When we reluctantly saw him leave this process, Lynn and I got to sit with him one day as we were coming into our freshman session. The last piece of advice he gave us was to stay close to Joe Dini. He is a good man, a fair man, and regardless of party and region, he is the man that would make it happen in the Assembly and for the State of Nevada. That advice has always done me well. It has always done others well in this body, those who have come and those who have gone. From our standpoint, we are very flattered to have served with you.

On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Chelsea Jensen.

Assemblyman Perkins moved that the Assembly adjourn until Friday, July 4, 1997 at 9 a.m.
Motion carried.

Assembly adjourned at 7:26 p.m.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly