ASSEMBLY DAILY JOURNAL
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THE SIXTY-SEVENTH DAY
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Carson City (Thursday), March 27, 1997
Assembly called to order at 11:12 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Richard H. Campbell.
Almighty and most Gracious God, it is to You that we look for every good and perfect gift. It is to You that we direct our thanksgiving this day. We give thanks for a night of rest and the beauty of a new day. Be present with us and guide us. Make us aware of the needs of the people and grant us wisdom, compassion and love to serve them in our actions. Bless this Assembly, give them strength and courage to do Your will. We pray in Your name.
Amen. Pledge of allegiance to the Flag.
Assemblyman Perkins moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
Douglas A. Bache,
Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 254, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Government Affairs.
Douglas A. Bache,
Chairman
Senate Chamber, Carson City, March 26, 1997
To the Honorable the Assembly:
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. 224.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 9.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 136.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 39.
Mary Jo Mongelli
Assistant Secretary of the Senate
By Assemblymen Ohrenschall, Anderson, Sandoval, Perkins, Buckley, Carpenter, Krenzer, Herrera, Amodei, Neighbors, de Braga, Segerblom, Bache, Giunchigliani, Lee, Humke, Koivisto, Mortenson, Collins, Price, Chowning, Manendo, Evans, Arberry, Goldwater and Parks:
Assembly Bill No. 315--An Act relating to probation; requiring that a probationer who is not eligible for an honorable discharge from probation receive a dishonorable discharge; and providing other matters properly relating thereto.
Assemblywoman Ohrenschall moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Tiffany, Lambert, Hickey, Parks, Lee, Amodei, Bache, Neighbors, Anderson, Arberry, Collins, Sandoval, Koivisto, Berman, Buckley, Von Tobel, Close, Humke, Freeman, Williams, Herrera, Giunchigliani, Nolan, Ohrenschall, Marvel, Carpenter, Manendo, Price, Krenzer, Gustavson, Dini and Evans:
Assembly Bill No. 316--An Act relating to the management of money for eleemosynary purposes; providing standards for investment; and providing other matters properly relating thereto.
Assemblywoman Tiffany moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Health and Human Services:
Assembly Bill No. 317--An Act relating to public health; creating the office of state dental officer in the health division of the department of human resources; requiring the state dental officer to coordinate access to dental care for children of low-income families; and providing other matters properly relating thereto.
Assemblywoman Freeman moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 318--An Act relating to traffic laws; increasing the maximum width of a manufactured home or mobile home or similar type of vehicle or structure whose movement on the highways may be specially authorized; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 39.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 136.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 86.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 122.
Amend section 1, page 1, line 9, by deleting "either" and inserting "[either]".
Amend section 1, page 1, line 10, by deleting:
"or the state prison" and inserting:
"[or the state prison]".
Amend the title of the bill, second line, by deleting:
Assembly Bill No. 95.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 119.
Amend sec. 2, page 2, line 16, by deleting "the prosecuting" and inserting "a".
Amend sec. 2, page 3, line 1, after "7." by inserting:
"Except as otherwise provided in this subsection, the court shall allow the attendant to have physical contact with the witness while the witness is testifying, if the court determines that such contact is reasonably appropriate or necessary to provide support to the witness.".
Amend sec. 2, page 3, line 3, by deleting "testimony," and inserting:
"testimony [,] or at any other time,".
Amend sec. 2, page 3, by deleting line 5 and inserting:
"[5. The defendant]
8. A party may move to exclude a particular attendant for".
Amend the title of the bill, third line, by deleting:
Assembly Bill No. 103.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 120.
Amend section 1, page 1, line 10, by deleting "[." and inserting:
"[.] ; or
(b) The witness possessed a certain amount of money at the time that the offense was committed.".
Amend section 1, page 1, by deleting lines 11 through 16 and inserting:
"2. The district attorney shall provide [either written or oral notice] a copy of the affidavit to be used at the examination to the defendant [,] when it is available, but not less than [10 days] 72 hours before the scheduled examination . [, that he intends to use the affidavit at the examination.]".
Amend section 1, page 2, by deleting line 1 and inserting:
"3. If at or before the time of the preliminary examination the defendant".
Amend sec. 2, page 2, line 19, by deleting "[." and inserting:
"[.] ; or
(b) The witness possessed a certain amount of money at the time that the offense was committed.".
Amend sec. 2, page 2, by deleting lines 22 through 28 and inserting:
"district attorney shall provide [either written or oral notice] a copy of the affidavit to be used at the proceeding to the defendant [, within a reasonable time] when it is available, but not less than 72 hours before the scheduled proceeding of the grand jury . [, that the affidavit will be used at the proceeding.]
3. If at or before the time of the proceeding the [defendant establishes]".
Amend the title of the bill by deleting the third through fifth lines and inserting:
Assembly Bill No. 161.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 121.
Amend sec. 2, page 1, by deleting lines 3 and 4 and inserting:
"Sec. 2. 1. The division may establish and administer in any county an intermediate correctional program".
Amend sec. 10, page 6, line 41, by deleting "18," and inserting "19,".
Amend sec. 13, page 7, line 12, by deleting "18," and inserting "19,".
Amend sec. 13, page 7, lines 13 and 14, by deleting:
"14, 15 and 16" and inserting:
"14 to 17, inclusive,".
Amend the bill as a whole by renumbering sections 14 through 21 as sections 15 through 22 and adding a new section designated sec. 14, following sec. 13, to read as follows:
"Sec. 14. "Bureau" means the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation.".
Amend sec. 17, page 7, by deleting lines 21 through 27 and inserting:
"Sec. 18. 1. The bureau may:
(a) Establish residential centers to be used for the long-term transitional housing and treatment of offenders, parolees and participants who are approved by the division to reside in the centers;
(b) Contract with organizations that are based in the community to provide needed services to offenders, parolees and participants and to operate the residential centers; and
(c) Adopt regulations that are necessary to carry out the provisions of sections 13 to 19, inclusive, of this act.
2. The division shall provide supervision of the offenders, parolees and participants who reside at the residential centers established pursuant to subsection 1.".
Amend sec. 18, page 7, by deleting lines 30 through 33 and inserting:
"earnings to the residential center in which he resides to defray the cost of providing him with housing and meals.
2. The residential center in which an offender, parolee or participant resides shall fix the amount to be paid by the offender, parolee or participant pursuant to subsection 1 in accordance with his ability to pay.".
Amend sec. 21, page 8, line 18 by deleting "20" and inserting "21".
Amend sec. 21, page 8, by deleting lines 19 and 20 and inserting:
"a sufficient number of intermediate correctional programs become operational as determined by the division of parole and probation of the department of motor vehicles and public safety.".
Amend the title of the bill, first line, by deleting:
Assembly Bill No. 201.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 101.
Amend the bill as a whole by deleting sections 1 through 4, renumbering sections 5 through 8 as sections 2 through 5 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. Chapter 350A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Before state securities may be issued pursuant to this chapter for the purpose of acquiring bonds which are issued by a water authority organized as a political subdivision created by cooperative agreement, the members of the water authority must contract with the water authority to make payments from the revenues of the members' water systems that, in the aggregate, are fully sufficient to pay those bonds as they become due. If the water revenues of any such member are insufficient to pay that member's share of the amount due on the bonds, the member shall pay the deficiency out of money available for that purpose in the general fund of the member. If the money in the general fund of the member is insufficient to pay fully any such deficiency promptly, the member shall levy a general ad valorem tax on all taxable property within the member's boundaries at a rate necessary to produce revenue in an amount sufficient to pay that member's share of the payments due on the bonds.
2. The obligations of the members of the water authority to the water authority and the State of Nevada as a result of the acquisition of bonds of the water authority pursuant to this chapter do not constitute indebtedness of the members within the meaning of any constitutional, charter or statutory limitation or other provisions restricting the incurrence of any debt.
3. A property tax levied pursuant to this section:
(a) Shall be considered to have been levied for the payment of bonded indebtedness for the purposes of NRS 361.463.
(b) Is exempt from the limitations on property taxes contained in chapter 354 of NRS.".
Amend the title of the bill by deleting the first through third lines and inserting:
Assembly Bill No. 251.
Bill read second time and ordered to third reading.
Senate Joint Resolution No. 1.
Resolution read second time and ordered to third reading.
Assembly Bill No. 68.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 51.
Amend section 1, page 1, by deleting lines 6 through 8 and inserting:
"1. The city council, by ordinance, may require, as a qualification for an appointive office of the city, other than city attorney, and for appointment as a deputy pursuant to NRS 266.455, that the person appointed reside actually, and not constructively, within:
(a) The limits of the city; or
(b) The county in which the city is located.".
Amend the bill as a whole by adding a new section designated sec. 2, following section 1, to read as follows:
"Sec. 2. NRS 283.040 is hereby amended to read as follows:
283.040 1. Every office becomes vacant upon the occurring of any of the following events before the expiration of the term:
(a) The death or resignation of the incumbent.
(b) The removal of the incumbent from office.
(c) The confirmed insanity of the incumbent, found by a court of competent jurisdiction.
(d) A conviction of the incumbent of any felony or offense involving a violation of his official oath or bond or a violation of NRS 241.040 or 293.1755.
(e) A refusal or neglect of the person elected or appointed to take the oath of office, as prescribed in NRS 282.010 , [;] or, when a bond is required by law, his refusal or neglect to give such bond within the time prescribed by law.
(f) [The] Except as otherwise provided in NRS 266.400, the ceasing of the incumbent to be a resident of the state, district, county, city, ward or other unit prescribed by law in which the duties of his office are to be exercised, or from which he was elected or appointed, or in which he was required to reside to be a candidate for office [.] or appointed to office.
(g) The neglect or refusal of the incumbent to discharge the duties of his office for a period of 30 days, except when prevented by sickness, or absence from the state or county, as provided by law.
(h) The decision of a competent tribunal declaring the election or appointment void or the office vacant.
2. Upon the happening of any of the events enumerated in subsection 1, should the incumbent fail or refuse to relinquish his office, the attorney general shall, if the office affected is a state office or concerns more than one county, or the district attorney shall, if the office affected is a county office or concerns territory within one county, commence and prosecute, in a court of competent jurisdiction, any proceedings for judgment and decree declaring such office vacant.".
Assemblywoman de Braga moved the adoption of the amendment.
Remarks by Assemblywoman de Braga.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assemblyman Anderson moved that Assembly Bill No. 86 be re-referred to the Committee on Ways and Means.
Motion carried.
Assemblyman Bache moved that Assembly Bill No. 150 be taken from the General File and re-referred to the Committee on Ways and Means.
Motion carried.
Assemblyman Anderson moved that Assembly Bill No. 161 be re-referred to the Committee on Ways and Means.
Motion carried.
On request of Assemblyman Herrera, the privilege of the floor of the Assembly Chamber for this day was extended to Jerry Simich.
Assemblyman Perkins moved that the Assembly adjourn until Monday, March 31, 1997 at 11 a.m.
Motion carried.
Assembly adjourned at 11:50 a.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly