NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL
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THE SEVENTY-NINTH DAY
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Carson City (Tuesday), April 8, 1997

Assembly called to order at 11:05 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by Don Thayer.
O Thou king Lord! This gathering is turning to Thee. These hearts are radiant with Thy love. These minds and spirits are exhilarated by the message of Thy glad-tidings. O Lord! Let this American democracy become glorious in spiritual degrees even as it had aspired to material degrees, and render this just government victorious. Confirm this revered nation to upraise the standard of the oneness of humanity, to promulgate the most great peace, to become thereby most glorious and praiseworthy among all the nations of the world. O God! This American nation is worthy of Thy favors and is deserving of Thy mercy. Make it precious and near to Thee through Thy bounty and bestowal.

Pledge of allegiance to the Flag.

Assemblyman Perkins moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Senate Concurrent Resolution No. 5, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and be adopted as amended.

Christina R. Giunchigliani,

Chairman

Mr. Speaker:
Your Committee on Transportation, to which was referred Assembly Bill No. 176, 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 Judiciary.

Vonne Chowning,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 58, 230, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry, Jr.,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 159 has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry, Jr.,

Chairman

MOTIONS, RESOLUTIONS AND NOTICES

By the Committee on Health and Human Services:
Assembly Concurrent Resolution No. 13--Urging the State Welfare Administrator to increase reimbursement to providers of dental care who serve recipients of Medicaid.

Assemblywoman Freeman moved that the resolution be referred to the Committee on Health and Human Services.
Motion carried.

By the Committee on Elections, Procedures, and Ethics:
Assembly Resolution No. 9--Providing for the appointment of an additional attaché.
Resolved by the Assembly of the State of Nevada, That Michael G. Collins is elected as an additional attaché of the Assembly for the 69th session of the Legislature of the State of Nevada.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblywoman Giunchigliani.
Resolution adopted.

Assemblyman Williams moved that Assembly Bill No. 146 be taken from the Second Reading File and placed on the Chief Clerk's desk.
Motion carried.

Assemblywoman de Braga moved that Assembly Bill No. 49 be taken from the Chief Clerk's desk and placed on the Second Reading File immediately following Assembly Bill No. 246.
Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By Assemblymen Lee, Braunlin, Koivisto, Tiffany, Amodei, Carpenter, de Braga, Neighbors, Buckley, Perkins, Goldwater, Manendo, Hickey, Herrera, Bache, Dini, Segerblom, Ernaut, Gustavson, Mortenson, Cegavske, Parks, Von Tobel, Giunchigliani, Lambert, Arberry, Krenzer, Freeman, Berman, Close, Williams, Price, Collins, Nolan, Sandoval, Hettrick, Marvel, Humke, Chowning, Evans and Ohrenschall:
Assembly Bill No. 336--An Act relating to crimes against decency; defining the term "motion picture" for the purpose of prohibiting certain activities concerning the exhibition, sale or rental of certain motion pictures containing obscene material to a minor; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Lee moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By Assemblymen Price, Anderson, Herrera, Lee, Braunlin, Segerblom, Berman, Hickey, Collins, Perkins, Buckley, Amodei, Tiffany, Manendo, Ohrenschall, Cegavske, Sandoval, Mortenson, Carpenter, Marvel, Neighbors, de Braga, Gustavson, Evans, Krenzer, Lambert, Parks, Koivisto, Bache, Humke, Von Tobel, Close, Arberry, Goldwater, Freeman, Williams, Giunchigliani and Dini:
Assembly Bill No. 337--An Act relating to meetings of public bodies; authorizing a member of a public body to request that an item of business be placed on the agenda for a future meeting of the body under certain circumstances; requiring the presiding officer to place the item on the agenda under certain circumstances; and providing other matters properly relating thereto.
Assemblyman Perkins moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.

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

Assembly in recess at 11:15 a.m.

ASSEMBLY IN SESSION

At 11:16 a.m.
Mr. Speaker presiding.
Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that the vote whereby Assembly Bill No. 337 was referred to the Committee on Elections, Procedures, and Ethics be rescinded.
Motion carried.

Assemblyman Perkins moved that Assembly Bill No. 337 be referred to the Committee on Government Affairs.
Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By Assemblymen Giunchigliani, Buckley, Freeman, Anderson, Collins, Segerblom, de Braga, Parks, Koivisto, Herrera, Amodei, Neighbors, Goldwater, Arberry, Bache, Manendo, Price, Marvel, Ohrenschall, Williams, Perkins and Berman:
Assembly Bill No. 338--An Act relating to health care; requiring managed care organizations to provide coverage for emergency health care services in certain circumstances; prohibiting certain managed care organizations from terminating a contract with a provider of health care except for just cause; requiring managed care organizations to enter into a contract with any provider of health care who agrees to certain conditions; requiring all managed care organizations to obtain a certificate of authority; authorizing the commissioner of insurance to examine the financial solvency and business practices of all managed care organizations; making the requirements applicable to the Nevada Industrial Insurance Act and the Nevada Occupational Diseases Act; and providing other matters properly relating thereto.

Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Commerce.
Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 6.
Bill read second time.
The following amendment was proposed by the Committee on Education:
Amendment No. 143.
Amend section 1, page 1, line 10, by deleting "shall" and inserting "may".
Amend sec. 2, page 2, line 13, after "parent," by inserting "custodial parent,".
Amend sec. 2, page 2, line 15, by deleting "[7] 6" and inserting "7".
Amend sec. 2, page 2, by deleting lines 18 through 40 and inserting:
"2. [Any] A child who [will arrive at the age of 6 years by] is 5 years of age on or before September 30 [must] of a school year may be admitted to [a regular school program, and may be admitted to the first grade] kindergarten at the beginning of [the] that school year, and his enrollment must be counted for purposes of apportionment . [purposes.] If a child is not 5 years of age on or before September 30 of a school year, the child must not be admitted to kindergarten.
3. Except as otherwise provided in subsection 4, a child who is 6 years of age on or before September 30 of a school year must:
(a) If he has not completed kindergarten, be admitted to kindergarten at the beginning of that school year; or
(b) If he has completed kindergarten, be admitted to the first grade at the beginning of that school year,
and his enrollment must be counted for purposes of apportionment. If a child [will not arrive at the age of] is not 6 years [by] of age on or before September 30 [,] of a school year, the child must not be admitted to the first grade until the beginning of the school year following his sixth birthday.
[3.] 4. The parents, custodial parent, guardian or other person within the State of Nevada having control or charge of a child who is 6 years of age on or before September 30 of a school year may elect for the child not to attend kindergarten or the first grade during that year. The parents, custodial parent, guardian or other person who makes such an election shall file with the board of trustees of the appropriate school district a waiver in a form prescribed by the board.
5. Whenever a child who [has arrived at the age of] is 6 years [but not at the age of 7 years] of age is enrolled in a public school, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of the child shall send him to the public school during all the time the school is in session. This requirement for attendance does not apply to any child under the age of 7 who has not yet been enrolled or has been formally withdrawn from enrollment in public school.
[4.] 6. A child who is 7 years of age on or before September 30 of a school year must:
(a) If he has completed kindergarten and the first grade, be admitted to the second grade.
(b) If he has completed kindergarten, be admitted to the first grade.
(c) If the parents, custodial parent, guardian or other person in the State of Nevada having control or charge of the child waived the child's attendance from kindergarten pursuant to subsection 4, undergo an assessment by the district pursuant to subsection 7 to determine whether the child is prepared developmentally to be admitted to the first grade. If the district determines that the child is prepared developmentally, he must be admitted to the first grade. If the district determines that the child is not so prepared, he must be admitted to kindergarten.
The enrollment of any child pursuant to this subsection must be counted for apportionment purposes.
7. Each school district shall prepare and administer before the beginning of each school year a developmental screening test to a child:
(a) Who is 7 years of age on or before September 30 of the next school year; and (b) Whose parents waived his attendance from kindergarten pursuant to subsection 4, to determine whether the child is prepared developmentally to be admitted to the first grade. The results of the test must be made available to the parents, custodial parent, guardian or other person within the State of Nevada having control or charge of the child.
8. A child who becomes a resident of this state after completing".
Amend sec. 2, page 3, by deleting lines 3 through 8 and inserting:
"9. As used in this section, "kindergarten" includes:
(a) A kindergarten established by the board of trustees of a school district pursuant to NRS 388.060; and
(b) An authorized program of instruction for kindergarten offered in a child's home pursuant to NRS 388.060.".

Assemblyman Williams moved the adoption of the amendment.
Remarks by Assemblyman Williams.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 9.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 163.
Amend the bill as a whole by renumbering sections 1 and 2 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. NRS 200.5093 is hereby amended to read as follows:
200.50931. Any person required to make a report pursuant to this section shall make the report immediately, but in no event later than 24 hours after there is reason to believe that an older person has been abused, neglected or exploited. The report must be made to:
(a) The local office of the welfare or aging services division of the department of human resources;
(b) Any police department or sheriff's office; [or]
(c) The county's office for protective services, if one exists in the county where the suspected action occurred [.] ; or
(d) A toll-free telephone service designated by the aging services division of the department of human resources.
If the report of abuse, neglect or exploitation involves an act or omission of the welfare division, aging services division or a law enforcement agency, the report must be made to an agency other than the one alleged to have committed the act or omission. Each agency, after reducing the report to writing, shall forward a copy of the report to the aging services division of the department of human resources.
2. Reports must be made by the following persons who, in their professional or occupational capacities, know or have reason to believe that an older person is being or has been abused, neglected or exploited:
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician's assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected or exploited.
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect or exploitation of an older person by a member of the staff of the hospital.
(c) A coroner.
(d) Every clergyman, practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect or exploitation from the offender during a confession.
(e) Every person who maintains or is employed by an agency to provide nursing in the home.
(f) Every attorney, unless he has acquired the knowledge of abuse, neglect or exploitation from a client who has been or may be accused of the abuse, neglect or exploitation.
(g) Any employee of the department of human resources.
(h) Any employee of a law enforcement agency or a county's office for protective services or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.
(k) Every social worker.
(l) Any person who owns or is employed by a funeral home or mortuary.
3. A report may be filed by any other person.
4. Any person required to make a report pursuant to this section who has reasonable cause to believe that an older person has died as a result of abuse or neglect shall report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney and the aging services division of the department of human resources his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.
5. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the aging services division of the department of human resources, must be forwarded to the aging services division within 90 days after the completion of the report.
6. If the investigation of the report results in the belief that the older person is abused, neglected or exploited, the welfare division of the department of human resources or the county's office for protective services may provide protective services to the older person if he is able and willing to accept them.".
Amend section 1, page 2, line 41, by deleting "to grant".
Amend the title of the bill to read as follows:

"An Act relating to older persons; authorizing a toll-free telephone service to be designated to receive reports of abuse, neglect or exploitation of an older person; requiring an owner or employee of a funeral home or mortuary to make such a report in certain circumstances; increasing the mandatory minimum penalty for certain crimes relating to the abuse of an older person; providing a penalty; and providing other matters properly relating thereto.".
Amend the summary of the bill by deleting "person." and inserting:
"person and makes various changes concerning reports of such abuse.".

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. 92.
Bill read second time.
The following amendment was proposed by the Concurrent Committee on Judiciary:
Amendment No. 160.
Amend the bill as a whole by deleting sections 1 through 3 and adding new sections designated sections 1 through 11, following the enacting clause, to read as follows:
"Section 1 Chapter 369 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state controller shall determine monthly the amount of the proceeds of the tax collected pursuant to NRS 369.330 that is:
(a) Equivalent to $4.27 per wine gallon or proportionate part thereof for liquor containing more than 22 percent of alcohol by volume;
(b) Equivalent to $2.13 per wine gallon or proportionate part thereof for liquor containing more than 14 percent up to and including 22 percent of alcohol by volume;
(c) Equivalent to $1.07 per wine gallon or proportionate part thereof for liquor containing from one-half of 1 percent up to and including 14 percent of alcohol by volume; and
(d) Equivalent to 53 cents per gallon or proportionate part thereof for all malt beverage liquor brewed or fermented and bottled in or outside this state.
2. Of the total amount determined pursuant to subsection 1, the state controller shall transfer each month:
(a) Twenty percent to the bureau of alcohol and drug abuse for the prevention of the abuse of alcohol or a controlled substance as provided pursuant to section 7 of this act;
(b) Twenty percent to the bureau of alcohol and drug abuse for the treatment of persons who abuse alcohol or a controlled substance as provided pursuant to section 8 of this act;
(c) Twenty percent to the department of education for the instruction of educational personnel and pupils about the dangers associated with the abuse of alcohol or a controlled substance as provided pursuant to section 5 of this act;
(d) Twenty percent to the department of motor vehicles and public safety for the enforcement of laws prohibiting the abuse of alcohol or a controlled substance as provided pursuant to section 11 of this act; and
(e) A pro rata share of the remaining twenty percent to each county in the state in the proportion that the population of each county bears to the total population of the state for the provision of health care to persons who suffer a physical injury as a direct result of the use of alcohol or a controlled substance as provided pursuant to section 4 of this act.
Sec. 2. NRS 369.174 is hereby amended to read as follows:
369.174Each month, the state controller shall transfer to the account for alcohol and drug abuse in the department of human resources' gift fund, from the tax on liquor containing more than 22 percent of alcohol by volume, the portion of the tax [which exceeds $1.90 per wine gallon.] that is equivalent to 15 cents per wine gallon or proportionate part thereof.
Sec. 3. NRS 369.330 is hereby amended to read as follows:
369.330Except as otherwise provided in this chapter, an excise tax is hereby levied and must be collected respecting all liquor and upon the privilege of importing, possessing, storing or selling liquor, according to the following rates and classifications:
1. On liquor containing more than 22 percent of alcohol by volume, [$2.05] $6.32 per wine gallon or proportionate part thereof.
2. On liquor containing more than 14 percent up to and including 22 percent of alcohol by volume, [75 cents] $2.88 per wine gallon or proportionate part thereof.
3. On liquor containing from one-half of 1 percent up to and including 14 percent of alcohol by volume, [40 cents] $1.47 per wine gallon or proportionate part thereof.
4. On all malt beverage liquor brewed or fermented and bottled in or outside this state, [9] 62 cents per gallon [.] or proportionate part thereof.
Sec. 4. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each county shall allocate:
(a) Ninety-five percent of the money it receives pursuant to paragraph (e) of subsection 2 of section 1 of this act to compensate providers of health care and providers of emergency medical services that provide services to a person:
(1) Who suffers a physical injury as a direct result of the use of alcohol or a controlled substance;
(2) Who cannot afford to pay for the services he receives; and
(3) For whom payment for the services will not be made pursuant to a policy of health insurance or through a program that is funded by the Federal Government; and
(b) Five percent of the money it receives pursuant to paragraph (e) of subsection 2 of section 1 of this act to the district attorney of each county, according to the number of residents in the county, to assist in the prosecution of offenses involving the abuse of alcohol or a controlled substance.
2. Money used for the programs set forth in this section must supplement and not replace funding available from any other source.
3. Each county shall submit a report to the director of the legislative counsel bureau for distribution to each regular session of the legislature on or before February 1 of each odd-numbered year. The report must include, without limitation, an accounting of the amount of money that the county received during the last biennium pursuant to paragraph (e) of subsection 2 of section 1 of this act and the manner in which the money was used.
4. As used in this section:
(a) "Provider of emergency medical services" means a person who is licensed to provide emergency medical care pursuant to chapter 450B of NRS.
(b) "Provider of health care" means:
(1) A health facility, as defined in NRS 439A.015; and
(2) A practitioner, as defined in NRS 439A.0195.
Sec. 5. Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:
1. All money received by the department pursuant to paragraph (c) of subsection 2 of section 1 of this act must be:
(a) Used for the establishment of a coordinated state and local program to train teachers and counselors about:
(1) Issues related to the abuse of alcohol and controlled substances; and
(2) Factors that cause a pupil to fail to complete high school;
(b) Distributed to each school district pursuant to the formula set forth in NRS 387.121 for programs designed to:
(1) Prevent the abuse of alcohol or a controlled substance; and
(2) Reduce the number of pupils who fail to complete high school; or
(c) Any combination thereof.
2. Money used for the programs set forth in this section must supplement and not replace funding available from any other source.
3. The department shall submit a report to the director of the legislative counsel bureau for distribution to each regular session of the legislature on or before February 1 of each odd-numbered year. The report must include, without limitation, an accounting of the amount of money that the department received during the last biennium pursuant to paragraph (c) of subsection 2 of section 1 of this act and the manner in which the money was used.
Sec. 6. Chapter 458 of NRS is hereby amended by adding thereto the provisions set forth as sections 7, 8 and 9 of this act.
Sec. 7. 1. The money received by the bureau pursuant to paragraph (a) of subsection 2 of section 1 of this act must be used for programs designed to:
(a) Prevent the abuse of alcohol and controlled substances;
(b) Prevent the formation of gangs;
(c) Prevent pupils from failing to complete high school;
(d) Educate mothers and prospective mothers about the dangers of using alcohol or a controlled substance before and during pregnancy; or
(e) Any combination thereof.
2. Money used for the programs set forth in this section must supplement and not replace funding available from any other source.
Sec. 8. 1. The money received by the bureau pursuant to paragraph (b) of subsection 2 of section 1 of this act must be used to:
(a) Employ or contract for the services of counselors to provide treatment to children and adults who abuse alcohol or a controlled substance;
(b) Provide treatment to women and children who suffer adverse effects because of the use of alcohol or a controlled substance before or during pregnancy;
(c) Establish centers of treatment for the abuse of alcohol or a controlled substance in areas that do not currently have such centers;
(d) Increase the capacity of centers of treatment for the abuse of alcohol or a controlled substance that fail to meet current demand for their services;
(e) Increase the quality of care currently provided by centers of treatment for the abuse of alcohol or a controlled substance; or
(f) Any combination thereof.
2. Money used for the programs set forth in this section must supplement and not replace funding available from any other source.
Sec. 9. The bureau shall submit a report to the director of the legislative counsel bureau for distribution to each regular session of the legislature on or before February 1 of each odd-numbered year. The report must include, without limitation, an accounting of the amount of money that it received during the last biennium pursuant to paragraphs (a) and (b) of subsection 2 of section 1 of this act and the manner in which the money was used.
Sec. 10. NRS 458.097 is hereby amended to read as follows:
458.0971. All money received by the bureau pursuant to NRS 369.174 must be used to increase services [for the prevention of alcohol abuse and alcoholism and] for the detoxification [and rehabilitation] of abusers [.] of alcohol or a controlled substance or to place an abuser in civil protective custody, or both.
2. In allocating the money for the [increase of services,] services set forth in subsection 1, the bureau shall give priority to:
[1.] (a) The areas where there exists a shortage of personnel to conduct treatment for alcoholism and alcohol abuse. The bureau must determine the areas of shortage on the basis of data available from state and local agencies, data contained in the comprehensive state plan for alcohol and drug abuse programs, and other appropriate data.
[2.] (b) The needs of counties to provide civil protective custody, pursuant to NRS 458.270, for persons who are found in public places while under the influence of alcohol.
Sec. 11. Chapter 481 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The department shall allocate:
(a) Twenty percent of the money it receives pursuant to paragraph (d) of subsection 2 of section 1 of this act for a program of treatment for prisoners who abuse alcohol or a controlled substance; and
(b) Eighty percent of the money it receives pursuant to paragraph (d) of subsection 2 of section 1 of this act for:
(1) A program of training in a county whose population is less than 100,000 for category I peace officers on issues related to the abuse of alcohol or a controlled substance, including, without limitation, training in the role of alcohol in domestic violence;
(2) An educational program that is made available to the public regarding the laws relating to the use of alcohol or a controlled substance;
(3) The enforcement of laws that prohibit the use of alcohol or a controlled substance;
(4) Sports or recreational programs designed to counteract the negative effects that alcohol and controlled substances have on public parks and facilities, including, without limitation, such negative effects as public safety, litter and vandalism;
(5) Services established to assist victims of crime related to the abuse of alcohol or a controlled substance; or
(6) Any combination thereof.
2. Money used for the programs set forth in this section must supplement and not replace funding available from any other source.
3. The department shall submit a report to the director of the legislative counsel bureau for distribution to each regular session of the legislature on or before February 1 of each odd-numbered year. The report must include, without limitation, an accounting of the amount of money that it received during the last biennium pursuant to paragraph (d) of subsection 2 of section 1 of this act and the manner in which the money was used.
4. As used in this section:
(a) "Category I peace officer" has the meaning ascribed to it in subsection 2 of NRS 432B.610.
(b) "Domestic violence" means an act that constitutes domestic violence pursuant to NRS 33.018.".
Amend the title of the bill by deleting the second and third lines and inserting:

"additional revenue to be used for certain services related to the abuse of alcohol and controlled substances; and providing other matters properly".
Amend the summary of the bill to read as follows:
"Summary--Increases excise tax on liquor. (BDR 32-280)".

Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to the Concurrent Committee on Taxation.

Assembly Bill No. 195.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 162.
Amend section 1, page 2, line 3, after "mail." by inserting:
"Any such copy of the demand sent to a tenant or subtenant of the vehicle or home must include a notice in at least 10-point bold type which states:

NOTICE TO TENANT OR SUBTENANT

If you are 65 years of age or older and you inform your landlord in writing of your age within 5 days after receipt of this notice, your landlord will serve notice on your behalf upon the aging services division of the department of human resources.".
Amend section 1, page 2, line 33, by deleting "older," and inserting:
"older and he informs his landlord in writing of this fact within 5 days after receipt of the notice of lien,".
Amend section 1, page 2, by deleting lines 34 through 38 and inserting:
"vehicle or home may not be sold unless the landlord serves a notice of lien within 5 days after receiving such notice in the same manner upon the aging services division of the department of human resources.".

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. 209.
Bill read second time and ordered to third reading.

Assembly Bill No. 241.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 161.
Amend section 1, page 1, line 3, by deleting the brackets.
Amend section 1, page 1, line 4, by deleting:
"[within 7 years]" and inserting:
"within 7 years".
Amend section 1, page 2, line 2, by deleting "24" and inserting "48".
Amend section 1, page 2, line 4, after "days" by inserting:
", and if required pursuant to NRS 484.3792, has performed or will perform not less than 50 hours, but not more than 100 hours, of work for the community,".
Amend section 1, page 2, by deleting lines 7 through 11 and inserting:
"years, he has been found guilty of:
(a) A violation of NRS 484.3795;".
Amend section 1, page 2, line 12, by deleting "(c)" and inserting "(b)".
Amend section 1, page 2, line 13, by deleting the period and inserting "; or".
Amend section 1, page 2, line 14, by deleting "(d)" and inserting "(c)".
Amend section 1, page 2, line 15, by deleting:
"(a), (b) or (c)." and inserting:
"(a) or (b).".
Amend section 1, page 2, line 16, after "3." by inserting:
"For the purposes of subsection 1, a violation of the law of any other jurisdiction which prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.
4.".
Amend section 1, page 2, by deleting line 20 and inserting:
"[3.] 5. At the hearing on the application for treatment, the prosecuting".
Amend section 1, page 2, by deleting line 25 and inserting:
"6. If the court determines that an application for treatment [,] should be".
Amend section 1, page 3, line 3, by deleting "6." and inserting "7.".
Amend section 1, page 3, line 8, by deleting "any" and inserting "a".
Amend section 1, page 3, line 9, by deleting "7." and inserting "8.".
Amend the bill as a whole by adding a new section designated sec. 3, following sec. 2, to read as follows:
"Sec. 3. This act becomes effective at 12:01 a.m. on October 1, 1997.".
Amend the title of the bill, fourth line, after "abuse;" by inserting:

"prohibiting certain persons from applying to the court to undergo such programs of treatment;".
Amend the summary of the bill to read as follows:
"Summary--Makes various changes concerning eligibility of person who is found guilty of driving under the influence of alcohol or controlled substance for participation in certain programs for treatment of alcoholism and drug abuse. (BDR 43-368)".

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. 246.
Assemblywoman Chowning moved that Assembly Bill No. 246 be re-referred to the Committee on Ways and Means.
Motion carried.

Assembly Bill No. 49.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 149.
Amend the bill as a whole by renumbering sections 1 through 3 as sections 2 through 4 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. Chapter 554 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state quarantine officer shall adopt regulations specifying a schedule of administrative fines which may be imposed, upon notice and a hearing, for each violation of the provisions of this section and NRS 554.010 to 554.080, inclusive, or the regulations adopted pursuant thereto. The maximum fine that the state quarantine officer may impose for each violation may not exceed:
(a) For the first violation, $1,500;
(b) For the second violation, $3,000; and
(c) For each subsequent violation, $5,000.
All fines collected by the state quarantine officer pursuant to this section must be deposited with the state treasurer for credit to the state general fund.
2. The state quarantine officer may:
(a) In addition to imposing an administrative fine pursuant to this section, issue an order requiring a violator to take appropriate action to correct the violation; or
(b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the state quarantine officer suspects may have committed flagrant or repeated violations of any provisions of this section and NRS 554.010 to 554.080, inclusive.
3. The state quarantine officer shall adopt such regulations as are necessary to provide for adequate notice and conduct of a hearing required by this section.".
Amend section 1, page 1, by deleting lines 4 through 14 and inserting:
"violating any of the provisions of NRS 554.010 to 554.080, inclusive, [shall be] and section 1 of this act, is guilty of a gross misdemeanor [.] and shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $5,000, or by both fine and imprisonment. The prosecuting attorney and the division may recover the costs of the proceeding, including investigative costs, against a person convicted of a gross misdemeanor pursuant to this section.".
Amend the title of the bill to read as follows:

"An Act relating to the interstate quarantine of agricultural commodities; providing for the recovery of certain costs from a defendant convicted of violating certain statutes and regulations; authorizing the state quarantine officer to impose administrative fines for certain violations; and providing other matters properly relating thereto.".
Amend the summary of the bill, first line, by deleting "administrative fine" and inserting:
"for administrative fines and recovery of certain costs".

Assemblyman Carpenter moved the adoption of the amendment.
Remarks by Assemblyman Carpenter.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Giunchigliani moved that Assembly Bill No. 6 be re-referred to the Committee on Ways and Means.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 66.
Bill read second time and ordered to third reading.

Senate Bill No. 124.
Bill read second time and ordered to third reading.

Senate Bill No. 141.
Bill read second time and ordered to third reading.

INTRODUCTION, FIRST READING AND REFERENCE

By Assemblymen de Braga, Segerblom, Neighbors, Chowning, Koivisto, Manendo, Evans, Price, Collins, Parks, Giunchigliani, Amodei, Close, Herrera, Goldwater and Ohrenschall:
Assembly Bill No. 339--An Act relating to public employees; providing for the payment by the state under certain circumstances of a portion of the cost of certain group insurance or medical and hospital service coverage for a retired employee of a school district and a dependent of such an employee who elects to continue or enroll in coverage after his death; making an appropriation; and providing other matters properly relating thereto.

Assemblywoman de Braga moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 29.
Bill read third time.
Remarks by Assemblymen Freeman, Anderson, Segerblom and Lee.
Assemblyman Anderson moved that Assembly Bill No. 29 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.

Assembly Bill No. 61.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 61:
Yeas -- 42.
Nays -- None.

Assembly Bill No. 61 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 71.
Bill read third time.
Remarks by Assemblymen Braunlin, Sandoval and Giunchigliani.
Conflict of interest declared by Assemblyman Sandoval.
Roll call on Assembly Bill No. 71:
Yeas -- 40.
Nays -- None.
Not voting -- Ernaut, Sandoval - 2.
Assembly Bill No. 71 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 105.
Bill read third time.
Remarks by Assemblywoman Segerblom.
Roll call on Assembly Bill No. 105:
Yeas -- 42.
Nays -- None.

Assembly Bill No. 105 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Bill No. 106.
Bill read third time.
Remarks by Assemblyman Amodei.
Roll call on Assembly Bill No. 106:
Yeas -- 42.
Nays -- None.

Assembly Bill No. 106 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 107.
Bill read third time.
Remarks by Assemblywoman Braunlin.
Roll call on Assembly Bill No. 107:
Yeas -- 42.
Nays -- None.

Assembly Bill No. 107 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Bill No. 108.
Bill read third time.
Remarks by Assemblyman Herrera.
Roll call on Assembly Bill No. 108:
Yeas -- 42.
Nays -- None.

Assembly Bill No. 108 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Bill No. 117.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 117:
Yeas -- 41.
Nays -- Goldwater.

Assembly Bill No. 117 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 202.
Bill read third time.
Remarks by Assemblymen Segerblom, Cegavske, Price, Krenzer and Williams.
Assemblymen Williams, Buckley and Perkins moved the previous question.
Motion carried.
The question being on the passage of Assembly Bill No. 202.
Roll call on Assembly Bill No. 202:
Yeas -- 35.
Nays -- Carpenter, Cegavske, Ernaut, Gustavson, Hettrick, Hickey, Sandoval--7.

Assembly Bill No. 202 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Perkins moved that Assembly Bill No. 292 be taken from the General File and placed on General File for the next legislative day.
Motion carried.

GENERAL FILE AND THIRD READING

Senate Bill No. 63.
Bill read third time.
Remarks by Assemblymen Ohrenschall and Giunchigliani.
Assemblywoman Giunchigliani moved that Senate Bill No. 63 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.

Senate Bill No. 84.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Senate Bill No. 84:
Yeas -- 42.
Nays -- None.

Senate Bill No. 84 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

By Assemblymen Goldwater, Ernaut, Chowning, Collins, Hettrick, de Braga, Sandoval, Cegavske, Gustavson, Lee, Braunlin, Koivisto, Amodei, Herrera, Arberry, Anderson, Bache, Parks, Lambert, Freeman, Perkins, Buckley, Von Tobel, Ohrenschall, Humke, Close, Giunchigliani, Williams, Berman, Neighbors, Marvel, Segerblom, Carpenter, Tiffany, Hickey, Manendo, Evans, Krenzer, Nolan, Price, Mortenson and Dini:
Assembly Joint Resolution No. 8--Urging Congress to enact the Southern Nevada Public Land Management Act of 1997.
Motion carried.

Assemblyman Goldwater moved that the resolution be referred to the Committee on Infrastructure.

INTRODUCTION, FIRST READING AND REFERENCE

By Assemblymen Humke, Anderson, Lambert, Freeman, Gustavson, Ernaut, Sandoval, Evans and Hickey:
Assembly Bill No. 340--An Act relating to taxation; removing the authority of the board of county commissioners of Washoe County to impose a certain additional vehicle privilege tax; and providing other matters properly relating thereto.

Assemblyman Humke moved that the bill be referred to the Committee on Taxation.
Motion carried.

By Assemblyman Arberry:
Assembly Bill No. 341--An Act relating to enforcement of judgments; increasing the amount of equity in a vehicle that is exempt from execution; providing that in certain circumstances a husband and wife who are codebtors are entitled to a combined exemption; and providing other matters properly relating thereto.

Assemblyman Arberry moved that the bill be referred to the Committee on Judiciary.
Motion carried.

UNFINISHED BUSINESS
Signing of Bills and Resolutions

There being no objection, the Speaker and Chief Clerk signed Assembly Bill No. 237; Senate Concurrent Resolution No. 24.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

On request of Assemblyman Bache, the privilege of the floor of the Assembly Chamber for this day was extended to Sanford Akselrad.

On request of Assemblywoman Braunlin, the privilege of the floor of the Assembly Chamber for this day was extended to Gene Greenberg.

On request of Assemblywoman Buckley, the privilege of the floor of the Assembly Chamber for this day was extended to Roz Sbarra.

On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Anne Ristorcelli, Lauren Ristorcelli, Alex Ristorcelli, Alicia Herz, Gabe Herz, Andrea Lindsey, Whitney Lindsey, Erin Poole, Missy Oglesby, Rachel Chipp, Erica Chipp, Keagan Chipp, Jenna Dykes, Asa Embree, Eamonn Embree, Kyle Cohen, Emily Metzker, Vanessa Abare, Rachel Abare, Ellie Webb, Peg Ristorcelli, Michelle Gabler, Jan Lindsey, Brandi Poole, Tari Chipp, Tammy Dykes, Lisa Ambree, Diana Cohen, Lavon Metzker, John Abare, Cindy Webb and Lindsey Webb.

On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Chris Johns and Tina Conklin.

On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Wendell Gray.

Assemblyman Perkins moved that the Assembly adjourn until Wednesday, April 9, 1997 at 11 a.m.
Motion carried.

Assembly adjourned at 12:18 p.m.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly