THE FORTY-SIXTH DAY
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Carson City (Thursday), March 6, 1997
Assembly called to order at 11:06 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Marvin Dennis.
As we enter this session today, I pray that from our hearts each of us will acknowledge You, our God, as You have taught us to pray, 'Our Father who art in Heaven, hallowed be Thy name, Thy kingdom come, Thy will be done on earth, as it is in Heaven, Give us this day our daily bread, and forgive us our debts, as we forgive our debtors. And lead us not into temptation, but deliver us from evil; for Thine is the kingdom, and the power, and the glory, forever. 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.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 242--An Act relating to crimes; making it a crime to intentionally isolate an older person; making it a crime to conspire to commit abuse, exploitation or isolation of an older person; requiring a law enforcement agency to promptly seek to obtain a warrant for the arrest of a person who is criminally responsible for a crime against an older person; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Sandoval, Carpenter, Anderson, Lee, Lambert, Amodei, Nolan, Manendo, Collins, Tiffany, Hickey, Humke, Marvel, Braunlin, Neighbors, Buckley, Herrera, Berman, Segerblom and Perkins:
Assembly Bill No. 243--An Act relating to transportation; revising the provisions governing the operation of a motor vehicle while under the influence of intoxicating liquor or a controlled substance; revising the provisions governing the operation of a vessel while under the influence of intoxicating liquor or a controlled substance; imposing a fee for chemical testing upon a person convicted of operating a vessel while under the influence of intoxicating liquor or a controlled substance; increasing the penalty in certain circumstances for a person convicted of operating a vessel while under the influence of intoxicating liquor or a controlled substance; and providing other matters properly relating thereto.
Assemblyman Sandoval moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblywoman de Braga (by request):
Assembly Bill No. 244--An Act relating to local facilities for detention; requiring a state agency that arrests a person and detains him in a county jail to reimburse the county for the cost of housing the person; and providing other matters properly relating thereto.
Assemblywoman de Braga moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblywoman Von Tobel:
Assembly Bill No. 245--An Act making an appropriation to the State Public Works Board for the construction of Hi-Tech Learning Centers in Mesquite and Overton; and providing other matters properly relating thereto.
Assemblywoman Von Tobel moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Chamber, Carson City, March 6, 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. 14.
Mary Jo Mongelli
Assistant Secretary of the Senate
Mr. Speaker moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 11:44 a.m.
At 11:48 a.m.
Mr. Speaker presiding.
Quorum present.
Assembly Bill No. 39.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 37.
Amend section 1, page 1, line 10, by deleting "property." and inserting:
"property, unless the judge, or his authorized representative, determines that extenuating circumstances exist.".
Amend section 1, page 1, by deleting lines 11 through 13 and inserting:
"3. If the child and his parent or guardian are unable to provide restitution because of financial hardship, the judge, or his authorized representative, shall order the child or his parent or guardian, or both, to perform community service.".
Amend section 1, page 2, by deleting lines 3 and 4 and inserting:
"5. The judge, or his authorized representative, may require the child or his parent or guardian, or both, to deposit with the court a reasonable sum of money to pay for the".
Amend section 1, page 2, by deleting lines 7 and 8 and inserting:
"in which the work is performed, unless, in the case of industrial insurance, it is provided by the authority for which the work is performed.".
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. 60.
Bill read second time and ordered to third reading.
Assembly Bill No. 74.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 32.
Amend section 1, page 1, by deleting lines 9 through 13.
Amend section 1, page 2, line 17, after "median" by inserting "gross".
Amend section 1, page 2, line 24, after "6." by inserting:
"As a condition to the conveyance of the property pursuant to subsection 5, the board of county commissioners shall enter into an agreement with the nonprofit corporation that will ensure the affordability of any housing constructed on the property. The agreement must provide that the property automatically reverts to the county if, at any time after the date of conveyance pursuant to subsection 5, the nonprofit corporation fails to provide affordable housing on the property.
7.".
Amend section 1, page 2, line 30, by deleting "7." and inserting "8.".
Amend section 1, page 2, line 35, by deleting "8." and inserting "9.".
Amend the bill as a whole by deleting sec. 2 and renumbering sections 3 and 4 as sections 2 and 3.
Amend sec. 4, page 5, by deleting lines 5 through 11 and inserting:
"property was purchased or received by the city pursuant to NRS 268.008.".
Amend sec. 4, page 5, line 33, after "median" by inserting "gross".
Amend sec. 4, page 5, line 40, after "6." by inserting:
"As a condition to the conveyance of the property pursuant to subsection 5, the governing body shall enter into an agreement with the nonprofit corporation that will ensure the affordability of any housing constructed on the property. The agreement must provide that the property automatically reverts to the city if, at any time after the date of conveyance pursuant to subsection 5, the nonprofit corporation fails to provide affordable housing on the property.
7.".
Amend sec. 4, page 6, line 3, by deleting "7." and inserting "8.".
Amend sec. 4, page 6, line 8, by deleting "8." and inserting "9.".
Amend the bill as a whole by deleting sec. 5 and renumbering sections 6 and 7 as sections 4 and 5.
Amend sec. 6, page 8, line 5, by deleting "4" and inserting "3".
Amend sec. 7, page 9, line 29, by deleting "4" and inserting "3".
Amend the bill as a whole by adding a new section designated sec. 6, following sec. 7, to read as follows:
"Sec. 6. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 79.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 38.
Amend section 1, page 1, line 2, by deleting "court" and inserting "[court] division".
Amend section 1, page 1, by deleting lines 3 and 4 and inserting:
"for the defendant and the defendant the factual content of the report of the presentence".
Amend section 1, page 1, by deleting lines 8 through 14 and inserting:
"2. [If the Immigration and Naturalization Service of the United States Department of Justice requests the disclosure of a report of a presentence investigation, the court] Unless otherwise ordered by a court, upon request, the division shall disclose the [factual content of the report to the Immigration and Naturalization Service] content of a report of a presentence investigation to the law enforcement agency of this state or a political subdivision thereof and to a law enforcement agency of the Federal Government for the limited purpose of performing [its] their duties, including, but not limited to, conducting hearings that are public in nature . [for the deportation of aliens.]
3. Unless otherwise ordered by a court, upon request, the division shall disclose the content of a report of a presentence investigation to the mental hygiene and mental retardation division of the department of human resources for the limited purpose of performing its duties, including, without limitation, evaluating the mental health of:
(a) A sex offender as defined in NRS 213.107; or
(b) An offender who has been determined to be mentally ill,
to provide any report or information to the division of parole and probation of the department of motor vehicles and public safety.
4. Unless otherwise ordered by a court, upon request, the division shall disclose the content of a report of a presentence investigation to the state gaming control board for the limited purpose of performing its duties in the administration of the provisions of chapters 462 to 467, inclusive, of NRS.
5. Except for the disclosures required by subsections 1 [and 2,] to 4, inclusive, the report".
Amend the title of the bill by deleting the first through fourth lines and inserting:
"An Act relating to presentence investigations; requiring the division of parole and probation of the department of motor vehicles and public safety to disclose the content of the report of the presentence investigation to a law enforcement agency, the mental hygiene and mental retardation division of the department of human services and the state gaming control board for certain purposes; and".
Amend the summary of the bill to read as follows:
"Summary--Requires disclosure of content of report of presentence investigation to certain governmental entities. (BDR 14-768)".
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. 141.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 39.
Amend the bill as a whole by deleting section 1 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. NRS 202.3673 is hereby amended to read as follows:
202.3673 1. Except as otherwise provided in NRS 202.265 and this section, a permittee [must] shall not carry a concealed firearm into:
(a) Any facility of a law enforcement agency;
(b) A prison, county or city jail or detention facility;
(c) A courthouse or courtroom;
(d) Any facility of a public or private school;
(e) Any facility of a vocational or technical school, or of the University and Community College System of Nevada;
(f) Any other building owned or occupied by the Federal Government, the state or a local government; or
(g) Any other place in which the carrying of a concealed firearm is prohibited by state or federal law.
2. The provisions of this section do not prohibit a permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which he presides or from authorizing other permittees to carry a concealed firearm in his courtroom.
3. The provisions of this section are not applicable to an employee of the facility identified in subsection 1 while on the premises of that facility.
4. The provisions of this section do not apply to a permittee who is a prosecuting attorney of an agency or political subdivision of the United States or of this state.
5. A violation of the provisions of subsection 1 is a misdemeanor.".
Amend the title of the bill by deleting the first and second lines and inserting:
"An Act relating to dangerous weapons; exempting certain prosecuting attorneys from the prohibition against carrying a concealed firearm into certain locations; and providing other".
Amend the summary of the bill to read as follows:
"Summary--Exempts certain prosecuting attorneys from prohibition against carrying concealed firearm into certain locations. (BDR 15-727)".
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. 144.
Bill read second time and ordered to third reading.
Assembly Bill No. 148.
Bill read second time and ordered to third reading.
Assembly Bill No. 162.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 44.
Amend sec. 2, page 2, by deleting lines 20 through 22 and inserting:
"effective and before the effective date of any amendment.]".
Amend sec. 2, page 2, line 27, by deleting "receive" and inserting "approve".
Amend sec. 2, page 2, line 30, after "2." by inserting:
"An administrative approval received pursuant to this section relates back to the date on which the trust was executed.
3.".
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. 189.
Bill read second time and ordered to third reading.
Assembly Bill No. 45.
Bill read third time.
Remarks by Assemblymen Bache, Carpenter and Marvel.
Roll call on Assembly Bill No. 45:
Yeas--34.
Nays--Braunlin, Carpenter, Gustavson, Hettrick, Lambert, Marvel, Tiffany--7.
Absent--Price.
Assembly Bill No. 45 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 73.
Bill read third time.
Remarks by Assemblymen Anderson, Humke and Freeman.
Roll call on Senate Bill No. 73:
Yeas--42.
Nays--None.
Senate Bill No. 73 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to Laura Buen, Joi Davis, Janel Davis, Joyce Gray and Don Gray.
On request of Assemblyman Arberry, the privilege of the floor of the Assembly Chamber for this day was extended to Kathie Bartlett.
On request of Assemblyman Bache, the privilege of the floor of the Assembly Chamber for this day was extended to Steven High.
On request of Assemblywoman Berman, the privilege of the floor of the Assembly Chamber for this day was extended to Jim Mann.
On request of Assemblywoman Braunlin, the privilege of the floor of the Assembly Chamber for this day was extended to Julie Gilday-Shaffer.
On request of Assemblywoman Buckley, the privilege of the floor of the Assembly Chamber for this day was extended to Rick Romitto and George LeMaitre.
On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Elaine Jason.
On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Howard Rosenberg.
On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Suzanne LeBlanc.
On request of Assemblyman Close, the privilege of the floor of the Assembly Chamber for this day was extended to Constance Devereaux, Gary Mills, Nick Devereaux and Mauro Devereaux.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Sherry Smokey.
On request of Assemblywoman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Lois Zetter.
On request of Assemblyman Ernaut, the privilege of the floor of the Assembly Chamber for this day was extended to Donna Antraccoli.
On request of Assemblywoman Evans, the privilege of the floor of the Assembly Chamber for this day was extended to Heather Smee-Fosburg and Phil Davis.
On request of Assemblywoman Freeman, the privilege of the floor of the Assembly Chamber for this day was extended to Penelope Siig.
On request of Assemblywoman Giunchigliani, the privilege of the floor of the Assembly Chamber for this day was extended to Margaret Boroughf, Mary Jane Smith and Howard King.
On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Maija Taso.
On request of Assemblyman Herrera, the privilege of the floor of the Assembly Chamber for this day was extended to Angie Wallin.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Toni Tennille and Daryl Dragon.
On request of Assemblyman Hickey, the privilege of the floor of the Assembly Chamber for this day was extended to Mark Preiss, Mike O'Grady, Pat O'Grady, Pat Middleton and Linda Middleton.
On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Tim Welch and Bill Bilyeau.
On request of Assemblywoman Koivisto, the privilege of the floor of the Assembly Chamber for this day was extended to Karen Craig.
On request of Assemblywoman Krenzer, the privilege of the floor of the Assembly Chamber for this day was extended to Joan Lolmaugh.
On request of Assemblywoman Lambert, the privilege of the floor of the Assembly Chamber for this day was extended to Wendy Falling.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Jo Bonin.
On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Judith Kropid.
On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Joe McCarthy.
On request of Assemblyman Mortenson, the privilege of the floor of the Assembly Chamber for this day was extended to Heratch Manoukian.
On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Doris Femenella.
On request of Assemblywoman Ohrenschall, the privilege of the floor of the Assembly Chamber for this day was extended to Jean Norton.
On request of Assemblyman Parks, the privilege of the floor of the Assembly Chamber for this day was extended to Sally Wathen.
On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Amy Oppio.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Margie Marshall.
On request of Assemblyman Sandoval, the privilege of the floor of the Assembly Chamber for this day was extended to Patti Atcheson-Melton.
On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Joanne Nivison.
On request of Assemblywoman Tiffany, the privilege of the floor of the Assembly Chamber for this day was extended to Gary Short.
On request of Assemblywoman Von Tobel, the privilege of the floor of the Assembly Chamber for this day was extended to Nicole Vohs, Kim Ortega, Michelle Geng, Katie Bushman, Victoria Zubia, Charity May, Brianne Jones, Jordon Adams, Jenny Featerston, Vyanca Zubia, Jane Van Ert, Merrill Staheli, Bob Jones, Larry Moses, Jerry Montgomery, Dean Blair, Roy Hurley, Ryan Hughes, Scott Leavitt, Taylor Waite, Ben Leavitt, Greg Mickelson, David Brotherson, David Reyes, Kevin Vaughn, Kirk Brotherson, Eugene Hughes, Clay Waite and Mike Barry.
On request of Assemblyman Williams, the privilege of the floor of the Assembly Chamber for this day was extended to Pat Rogan.
Assemblyman Perkins moved that the Assembly adjourn until Monday, March 10, 1997 at 11 a.m.
Motion carried.
Assembly adjourned at 12:15 p.m.
Approved: Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly