Carson City (Wednesday), April 9, 1997

Assembly called to order at 11:13 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by Catherine Thayer.
Glory be to Thee, O God, for Thy manifestation of love to mankind! O Thou, who art our life and light, guide Thy servants in Thy way and make us rich in Thee and free from all, save Thee. O God, teach us Thy oneness and give us a realization of Thy unity that we may see no one, save Thee. Thou art the merciful and the giver of bounty! O God, create in the hearts of Thy beloved the fire of Thy love, that it may consume the thought of everything, save Thee. Reveal to us, O God, Thine exalted eternity that Thou hast ever been and wilt ever be, and that there is no God, save Thee. Verily, in Thee will we find comfort and strength.

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.

Christina R. Giunchigliani,

Chairman

Senate Chamber, Carson City, April 8, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 23, 70, 71, 173, 175, 237.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 122, 137.

Mary Jo Mongelli

Assistant Secretary of the Senate

By Assemblymen Carpenter, Anderson, Sandoval, de Braga, Amodei, Buckley, Segerblom, Tiffany, Dini, Lambert, Perkins, Herrera, Gustavson, Manendo, Koivisto, Nolan, Berman, Collins, Humke, Ohrenschall, Hettrick and Ernaut:
Assembly Bill No. 343--An Act relating to the supreme court of the State of Nevada; increasing the number of justices; providing for the election of the additional justices; authorizing the use of panels; and providing other matters properly relating thereto.
Assemblyman Carpenter moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By Assemblymen Anderson, Buckley, Ohrenschall, Evans, Chowning, Freeman, Bache, Krenzer, Arberry, Segerblom, Close, Goldwater, Herrera and Lee:
Assembly Bill No. 344--An Act relating to the commission on judicial discipline; establishing the grounds upon which the commission may discipline a justice or judge; establishing standards for the investigation of matters relating to the misconduct or incapacity of a justice or judge; establishing the forms of discipline other than censure, retirement and removal that the commission may impose on a justice or judge; establishing standards for the confidentiality or nonconfidentiality of proceedings of the commission; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

By Assemblymen Anderson, Buckley, Evans, Chowning, Freeman, Bache, Arberry, Krenzer, Segerblom, Goldwater, Herrera and Lee:
Assembly Bill No. 345--An Act relating to railroads; requiring the public service commission of Nevada to collect an annual assessment from railroads to support the activities of the commission relating to railroad safety; imposing certain reporting requirements on railroads; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Concurrent Committees on Transportation and Ways and Means.
Motion carried.

By Assemblymen Anderson, Buckley, Ohrenschall, Evans, Chowning, Freeman, Arberry, Krenzer, Segerblom, Goldwater, Herrera and Lee:
Assembly Bill No. 346--An Act making an appropriation to the City of Sparks for the remodeling of the Sparks Heritage Museum; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

By Assemblymen Amodei, Dini, Hettrick, Ernaut and de Braga:
Assembly Bill No. 347--An Act relating to juveniles; providing an exemption from certain limitations on revenue for the costs to counties for the operation of certain regional facilities for children; making an appropriation for the establishment of a regional facility for children for Carson City and Churchill, Douglas, Lyon and Storey counties; and providing other matters properly relating thereto.
Assemblyman Amodei moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

By Assemblymen Ohrenschall, Koivisto, Buckley, Perkins, Anderson, Segerblom, Sandoval, Von Tobel, Marvel, Neighbors, de Braga, Berman, Williams, Arberry, Goldwater, Herrera, Close, Humke, Amodei, Tiffany, Hickey, Chowning, Collins, Mortenson, Nolan, Braunlin, Dini, Bache, Parks, Evans, Lee, Gustavson, Lambert, Freeman, Price, Manendo and Krenzer:
Assembly Bill No. 348--An Act relating to courts; authorizing a justice of the peace and a municipal court judge to suspend the sentence of a person convicted of a misdemeanor that constitutes domestic violence for not more than 3 years under certain circumstances; changing the definition of abuse or neglect of a child to include repetitious or severe violence against the parent, guardian or sibling of the child; prohibiting an insurer from denying a claim solely because the claim involves domestic violence; and providing other matters properly relating thereto.
Assemblywoman Ohrenschall moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Senate Bill No. 23.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 70.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 71.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 122.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Senate Bill No. 137.
Assemblyman Perkins moved that the bill be referred to the Committee on Transportation.
Motion carried.

Senate Bill No. 173.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 175.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 237.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Assembly Bill No. 159.
Bill read second time and ordered to third reading.

Assembly Bill No. 176.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 107.
Amend sec. 2, page 1, line 9, after "child for" by inserting:
"at least 90 days but".
Amend sec. 2, page 2, line 2, by deleting "apply for" and inserting "receive".
Amend sec. 2, page 2, line 4, by deleting "applying for" and inserting "receiving".
Amend sec. 2, page 2, line 5, by deleting:
"but not to exceed " and inserting:
"which must be at least 90 days but not more than".
Amend sec. 2, page 2, line 7, by deleting "apply for" and inserting "receive".
Amend sec. 2, page 2, line 8, by deleting "apply for" and inserting "receive".
Amend sec. 2, page 2, line 9, by deleting "apply for" and inserting "receive".
Amend the bill as a whole by renumbering sections 4 through 6 as sections 5 through 7 and adding a new section designated sec. 4, following sec. 3, to read as follows:
"Sec. 4. NRS 62.211 is hereby amended to read as follows:
62.211 1. Except as otherwise provided in NRS 62.212, if the court finds that a child is within the purview of this chapter it shall so decree and may:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine. A program of supervision in the home may include electronic surveillance of the child. The legislature declares that a program of supervision that includes electronic surveillance is intended as an alternative to commitment and not as an alternative to probation, informal supervision or a supervision and consent decree.
(b) Commit the child to the custody of a public or private institution or agency authorized to care for children, or place him in a home with a family. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if the institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Caliente youth center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(c) Order such medical, psychiatric, psychological or other care and treatment as the court deems to be for the best interests of the child, except as otherwise provided in this section.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
(e) If the child is less than 17 years of age, order the parent, guardian or custodian of the child, and any brothers, sisters or other persons living in the same household as the child over whom the court has jurisdiction to attend or participate in counseling, alone or together with the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse or techniques of dispute resolution.
(f) Order the parent or guardian of the child to participate in a program designed to provide restitution to the victim of an act committed by the child or to perform public service.
(g) Order the parent or guardian of the child to pay all or part of the cost of the proceedings, including, but not limited to, reasonable attorneys fees, any costs incurred by the court and any costs incurred in the investigation of an act committed by the child and the taking into custody of the child.
(h) Order the suspension of the child's driver's license for at least 90 days but not more than 2 years. If the child does not possess a driver's license, the court may prohibit the child from [applying for] receiving a driver's license for at least 90 days but not more than 2 years:
(1) Immediately following the date of the order, if the child is eligible to [apply for] receive a driver's license.
(2) After the date he becomes eligible to apply for a driver's license, if the child is not eligible to [apply for] receive a license on the date of the order.
If the court issues an order suspending the driver's license of a child pursuant to this paragraph, the judge shall require the child to surrender to the court all driver's licenses then held by the child. The court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety the licenses, together with a copy of the order. If, pursuant to this paragraph, the court issues an order delaying the ability of a child to [apply for] receive a driver's license, the court shall, within 5 days after issuing the order, forward to the department of motor vehicles and public safety a copy of the order. The department of motor vehicles and public safety shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the child's driving record, but such a suspension must not be considered for the purpose of rating or underwriting. The department of motor vehicles and public safety shall not require the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after a suspension of his license pursuant to this paragraph, unless the suspension resulted from his poor performance as a driver.
(i) Place the child, when he is not in school, under the supervision of:
(1) A public organization to work on public projects;
(2) A public agency to work on projects to eradicate graffiti; or
(3) A private nonprofit organization to perform other public service.
The person under whose supervision the child is placed shall keep the child busy and well supervised and shall make such reports to the court as it may require. As a condition of such a placement, the court may require the child or his parent or guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the work, unless, in the case of industrial insurance, it is provided by the organization or agency for which he performs the work.
(j) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory attendance at school so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from this placement or exemption and is under the strict supervision of the juvenile division.
(k) Require the child to provide restitution to the victim of the crime which the child has committed.
(l) Impose a fine on the child. If a fine is imposed, the court shall impose an administrative assessment pursuant to NRS 62.223.
2. If the court finds that a child who is less than 17 years of age has committed a delinquent act, the court may order the parent or guardian of the child to pay any fines and penalties imposed for the delinquent act. If the parent or guardian is unable to pay the fines and penalties imposed because of financial hardship, the court may require the parent or guardian to perform community service.
3. In determining the appropriate disposition of a case concerning a child found to be within the purview of this chapter, the court shall consider whether the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim of the act and whether the child is a serious or chronic offender. If the court finds that the act committed by the child involved the use of a firearm or the use or threatened use of force or violence against the victim or that the child is a serious or chronic offender, the court shall include the finding in its order and may, in addition to the options set forth in subsections 1 and 2 of this section and NRS 62.213:
(a) Commit the child for confinement in a secure facility, including a facility which is secured by its staff.
(b) Impose any other punitive measures the court determines to be in the best interests of the public or the child.
4. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
5. Whenever the court commits a child to any institution or agency pursuant to this section or NRS 62.213, it shall transmit a summary of its information concerning the child and order the administrator of the school that the child last attended to transmit a copy of the child's educational records to the institution or agency. The institution or agency shall give to the court any information concerning the child that the court may require.
6. In determining whether to place a child pursuant to this section in the custody of a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child.".
Amend sec. 4, page 2, line 43, after "child for" by inserting:
"at least 90 days but".
Amend sec. 4, page 3, line 5, by deleting "apply for" and inserting:
"[apply for] receive".
Amend sec. 4, page 3, by deleting line 8 and inserting:
"for a period specified by the court [but not to exceed] which must be at least 90 days but not more than 2 years:".
Amend sec. 4, page 3, line 10, by deleting "apply for" and inserting:
"[apply for] receive".
Amend sec. 4, page 3, line 11, by deleting "apply for" and inserting:
"[apply for] receive".
Amend sec. 4, page 3, line 12, by deleting "apply for" and inserting:
"[apply for] receive".
Amend sec. 5, page 3, line 39, by deleting:
"by an evaluation center" and inserting:
"[by an evaluation center]".
Amend sec. 5, page 3, by deleting lines 41 through 44 and inserting:
"2. The evaluation of a child pursuant to this section [must] :
(a) Must be conducted [at an evaluation center by:
(a)] by:
(1) A counselor certified to make that classification by the bureau of alcohol and drug abuse;".
Amend sec. 5, page 4, line 1, by deleting "(b)" and inserting "[(b)] (2)".
Amend sec. 5, page 4, line 3, by deleting "(c)" and inserting "[(c)] (3)".
Amend sec. 5, page 4, by deleting line 8 and inserting:
"(b) May be conducted at an evaluation center.
3. The judge [may:] shall:".
Amend sec. 5, page 4, line 10, by deleting "evaluation center." and inserting:
"[evaluation center.] person who conducted the evaluation pursuant to subsection 2.".
Amend sec. 5, page 4, by deleting lines 39 through 41 and inserting:
"(a) Requiring an evaluation to be conducted by [an evaluation center that is administered] a person who is employed by a private company if the company meets the standards of the bureau of alcohol and drug abuse . [; or] Such an evaluation may be conducted at an evaluation center pursuant to paragraph (b) of subsection 2.".
Amend sec. 6, page 5, line 25, by deleting "applying for" and inserting:
"[applying for] receiving".
Amend sec. 6, page 5, line 28, by deleting "apply for" and inserting:
"[apply for] receive".
Amend sec. 6, page 5, line 29, by deleting "apply for" and inserting:
"[apply for] receive".
Amend sec. 6, page 5, line 30, by deleting "apply for" and inserting:
"[apply for] receive".
Amend sec. 6, page 5, line 35, after "license for" by inserting:
"at least 90 days but".
Amend sec. 6, page 5, line 36, by deleting "applying for" and inserting:
"[applying for] receiving".
Amend sec. 6, page 5, line 37, after "license for" by inserting:
"at least 90 days but".
Amend sec. 6, page 5, line 39, by deleting "apply for" and inserting:
"[apply for] receive".
Amend sec. 6, page 5, line 40, by deleting "apply for" and inserting:
"[apply for] receive".
Amend sec. 6, page 5, line 41, by deleting "apply for" and inserting:
"[apply for] receive".
Amend the bill as a whole by renumbering sections 7 through 13 as sections 9 through 15 and adding a new section designated sec. 8, following sec. 6, to read as follows:
"Sec. 8. NRS 62.229 is hereby amended to read as follows:
62.229 In addition to the options set forth in NRS 62.211 and 62.213 and the requirements of NRS 62.228, if a child is adjudicated delinquent pursuant to paragraph (b) of subsection 1 of NRS 62.040 because he handled or possessed a firearm or had a firearm under his control in violation of NRS 202.300, the court shall order that any license to hunt issued to the child pursuant to chapter 502 of NRS must be revoked by the division of wildlife of the state department of conservation and natural resources and that the child shall not [apply for] receive a license to hunt within the 2 years following the date of the order or until he is 18 years of age, whichever is later. The judge shall require the child to surrender to the court any license to hunt then held by the child. The court shall, within 5 days after issuing the order, forward to the division of wildlife any license to hunt surrendered by the child, together with a copy of the order.".
Amend the bill as a whole by renumbering sec. 14 as sec. 17 and adding a new section designated sec. 16, following sec. 13, to read as follows:
"Sec. 16. Section 5 of Assembly Bill No. 22 of this session is hereby amended to read as follows:

Sec. 5. NRS 62.228 is hereby amended to read as follows:

62.228 1. In addition to the options set forth in NRS 62.211 and 62.213, if a child is adjudicated delinquent pursuant to paragraph (b) of subsection 1 of NRS 62.040 because he handled or possessed a firearm or had a firearm under his control in violation of NRS 202.300, the court shall:

(a) For the first offense:

(1) Require him to perform [100] 200 hours of public service in the manner provided in paragraph (i) of subsection 1 of NRS 62.211; and

(2) Suspend his driver's license for not more than 1 year or, if he does not possess a drivers' license, prohibit the child from receiving a driver's license for not more than 1 year:

(I) Immediately following the date of the order, if the child is eligible to receive a driver's license.

(II) After the date he becomes eligible to receive a driver's license, if the child is not eligible to receive a license on the date of the order.

(b) For the second offense:

(1) Require him to perform at least [100] 200 hours, but not more than [250] 600 hours, of public service in the manner provided in paragraph (i) of subsection 1 of NRS 62.211; and

(2) Suspend his driver's license for at least 90 days but not more than 2 years or, if for he does not possess a driver's license, prohibit the child from receiving a driver's license for at least 90 days but not more than 2 years:

(I) Immediately following the date of the order, if the child is eligible to receive a driver's license.

(II) After the date he becomes eligible to receive a driver's license, if the child is not eligible to receive a license on the date of the order.

2. If the court issues an order suspending the driver's license of a child pursuant to this section, the judge shall require the child to surrender his driver's license to the court.

3. If a child is already the subject of a court order suspending or delaying the issuance of his driver's license, the court shall order an additional suspension or delay, as appropriate, to apply consecutively with the previous order.".

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

Assemblywoman Chowning moved that Senate Bill No. 66 be taken from the General File and re-referred to the Committee on Transportation.
Remarks by Assemblywoman Chowning.
Motion carried.

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

Assembly Bill No. 87 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 209.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 209:
Yeas -- 42.
Nays -- None.

Assembly Bill No. 209 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Bill No. 258.
Bill read third time.
Remarks by Assemblyman Close.
Roll call on Assembly Bill No. 258:
Yeas -- 42.
Nays -- None.

Assembly Bill No. 258 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 124 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Bill No. 141.
Bill read third time.
Remarks by Assemblyman Collins.
Roll call on Senate Bill No. 141:
Yeas -- 42.
Nays -- None.

Senate Bill No. 141 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

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

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

On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Robin Liggett, Aaron Liggett, Austin Liggett and Carl Segerblom.

Assemblyman Perkins moved that the Assembly adjourn until Thursday, April 10, 1997 at 10:45 a.m.
Motion carried.

Assembly adjourned at 12 noon.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly