ASSEMBLY DAILY JOURNAL
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THE EIGHTY-SEVENTH DAY
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Carson City (Wednesday), April 16, 1997
Assembly called to order at 11:01 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Thomas D. Tostenson.
Thomas Jefferson once said, "God who gave us life gave us liberty. Can the liberties of a nation be secure when we have removed a conviction that these liberties are a gift of God? Indeed I tremble for my country when I reflect that God is just, that His justice cannot sleep forever." Father, lead us in our law making, that we may solve the social ills of our state; that our legislation may not be seen as Band-Aids, but as cures. Let us not worry about the passing fads of political correctness, let us be concerned about correcting the polity. That what we do today shall stand the test of time, and that Nevada shall stand the test of the ages. This we pray in the name of the King of Kings.
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.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair for the purpose of hearing musical renditions by the Westergard Elementary School choir.
Assembly in recess at 11:05 a.m.
At 11:20 a.m.
Mr. Speaker presiding.
Quorum present.
Douglas A. Bache,
Chairman
Mr. Speaker:
Your Concurrent Committee on Government Affairs, to which was referred Assembly Bill No. 283, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache,
Chairman
Mr. Speaker:
Your Committee on Taxation, to which was referred Senate Bill No. 146, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Robert E. Price,
Chairman
By Assemblymen Williams, Arberry, Hickey, Krenzer, Evans, Freeman, Hettrick, Chowning, Berman, de Braga, Neighbors, Marvel, Von Tobel, Ohrenschall, Amodei, Humke, Close, Herrera, Goldwater, Giunchigliani, Perkins, Buckley, Tiffany, Carpenter, Segerblom, Manendo, Nolan, Price, Cegavske, Lambert, Anderson, Bache, Collins, Lee, Koivisto, Parks, Mortenson, Dini, Sandoval and Braunlin:
Assembly Resolution No. 10--Acknowledging the contributions of African-American explorer James Pierson Beckwourth and urging school districts to ensure that pupils learn about him.
Assemblyman Williams moved the adoption of the resolution.
Remarks by Assemblymen Williams, Anderson and Giunchigliani.
Assemblywoman Giunchigliani requested that the following remarks be entered in the Journal.
Assemblyman Williams:
Assembly Concurrent Resolution No. 14.
Resolution read.
Assemblyman Humke moved the adoption of the resolution.
Remarks by Assemblyman Humke.
Resolution adopted.
Assemblyman Humke moved that all rules be suspended and that Assembly Concurrent Resolution No. 14 be immediately transmitted to the Senate.
Motion carried unanimously.
By Assemblymen Hettrick, Chowning, Dini, Evans, Humke, Braunlin, Cegavske, Berman, Gustavson, Krenzer, Parks, Koivisto, Sandoval, Ernaut, Lee, Lambert, Freeman, Bache, Buckley, Williams, de Braga, Neighbors, Marvel, Von Tobel, Ohrenschall, Amodei, Close, Herrera, Goldwater, Tiffany, Nolan, Segerblom, Carpenter, Hickey, Anderson, Mortenson, Price, Manendo, Arberry and Giunchigliani:
Assembly Bill No. 374--An Act relating to public finance; requiring budgeted funding as a condition precedent to the construction of a capital improvement and during its useful life; and providing other matters properly relating thereto.
Assemblyman Hettrick moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 91.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 186.
Amend section 1, page 1, line 3, by deleting "coordinator" and inserting "full-time administrator".
Amend section 1, page 1, line 4, by deleting "coordinator:" and inserting "administrator:".
Amend section 1, page 1, line 7, before "retention." by inserting:
"recruitment, selection and ".
Amend section 1, page 1, line 10, by deleting "coordinator" and inserting "administrator".
Amend the title of the bill by deleting the second and third lines and inserting:
Assembly Bill No. 96.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 187.
Amend sec. 3, page 4, line 5, by deleting "2," and inserting "3,".
Amend sec. 3, page 4, line 11, after "Counselor" by inserting:
"or other person".
Amend sec. 3, page 4, line 16, by deleting "treatment;" and inserting:
"treatment to the extent of his financial resources;".
Amend sec. 3, page 4, line 18, by deleting "24" and inserting "48".
Amend sec. 3, page 4, line 19, after "2." by inserting:
"If the offender does not have the financial resources to pay all of the cost of the treatment, the court shall, to the extent possible, arrange for the offender to obtain his treatment from a treatment facility that receives a sufficient amount of federal or state money to offset the remainder of the cost.
3.".
Amend sec. 3, page 4, by deleting lines 21 through 23 and inserting:
"years, he has been found guilty of:".
Amend sec. 3, page 4, line 24, by deleting "(b)" and inserting "(a)".
Amend sec. 3, page 4, line 25, by deleting "(c)" and inserting "(b)".
Amend sec. 3, page 4, by deleting lines 27 through 29 and inserting:
"(c) A violation of the law of any other jurisdiction which prohibits the same or similar conduct as set forth in paragraph (a) or (b) of this subsection.
4. 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.".
Amend sec. 3, page 4, line 30, by deleting "3." and inserting "5.".
Amend sec. 3, page 4, line 37, by deleting "4." and inserting "6.".
Amend sec. 3, page 4, line 41, by deleting "5." and inserting "7.".
Amend sec. 3, page 5, line 17, by deleting "6." and inserting "8.".
Amend sec. 3, page 5, line 23, by deleting "7." and inserting "9.".
Amend sec. 4, page 5, line 38, by deleting "48" and inserting "96".
Amend sec. 4, page 5, line 39, by deleting "which" and inserting "that".
Amend sec. 4, page 6, line 7, by deleting "and".
Amend sec. 4, page 6, line 8, after "(3)" by inserting:
"Shall order him to perform not less than 100 hours, but not more than 200 hours, of work for the community while dressed in distinctive garb that identifies him as having violated the provisions of NRS 484.379, unless the court finds that extenuating circumstances exist; and
(4)".
Amend sec. 4, page 6, line 21, by deleting:
"Any offense which" and inserting:
"An offense that".
Amend sec. 4, page 6, line 39, by deleting "Any" and inserting "A".
Amend sec. 4, page 7, line 30, by deleting "which" and inserting "that".
Amend sec. 7, page 8, line 8, by deleting "2," and inserting "3,".
Amend sec. 7, page 8, line 14, after "Counselor" by inserting:
"or other person".
Amend sec. 7, page 8, line 19, by deleting "treatment;" and inserting:
"[treatment;] treatment to the extent of his financial resources;".
Amend sec. 7, page 8, line 21, by deleting "24" and inserting "48".
Amend sec. 7, page 8, by deleting line 23 and inserting:
"(2) Five] 5 days, 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 . [, if it is his second offense within 7 years.]
2. If the offender does not have the financial resources to pay all of the cost of the treatment, the court shall, to the extent possible, arrange for the offender to obtain his treatment from a treatment facility that receives a sufficient amount of federal or state money to offset the remainder of the cost.".
Amend sec. 7, page 8, line 24, by deleting "2." and inserting "3.".
Amend sec. 7, page 8, by deleting lines 26 through 29 and inserting:
"years, he has been found guilty of:".
Amend sec. 7, page 8, line 30, by deleting "(b)" and inserting "(a)".
Amend sec. 7, page 8, line 31, by deleting "(c)" and inserting "(b)".
Amend sec. 7, page 8, by deleting lines 33 and 34 and inserting:
"(c) A violation of the law of any other jurisdiction which prohibits the same or similar conduct as set forth in paragraph (a) or (b) of this subsection.".
Amend sec. 7, page 8, line 35, by deleting "3." and inserting:
"4. 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.
5.".
Amend sec. 7, page 8, by deleting line 40 and inserting:
"[3.] 6. At the hearing on the application for treatment, the prosecuting".
Amend sec. 7, page 9, by deleting line 1 and inserting:
"7. If the court grants an application for treatment, the court shall:".
Amend sec. 7, page 9, line 21, by deleting "6." and inserting "8.".
Amend sec. 7, page 9, line 27, by deleting "any" and inserting "a".
Amend sec. 7, page 9, line 28, by deleting "7." and inserting "9.".
Amend the bill as a whole by adding a new section designated sec. 8, following sec. 7, to read as follows:
"Sec. 8. Sections 4 and 7 of this act become effective at 12:01 a.m. on October 1, 1997.".
Amend the title of the bill by deleting the second and third lines and inserting:
Assembly Bill No. 133.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 157.
Amend sec. 7, pages 3 and 4, by deleting sec. 7 and inserting:
"Sec. 7. (Deleted by amendment.)".
Amend sec. 11, page 6, by deleting lines 10 through 35 and inserting:
"482.465 1. The department shall rescind and cancel the registration of a vehicle whenever the person to whom the certificate of registration or license plates therefor have been issued makes or permits to be made any unlawful use of the certificate or plates or permits the use thereof by a person not entitled thereto.
2. The department shall cancel a certificate of ownership or certificate of registration and license plates which have been issued erroneously or improperly, or obtained illegally.
3. In addition to any other penalty set forth in this chapter and chapters 366 and 706 of NRS, the department may revoke a certificate of ownership or a certificate of registration and license plates for a vehicle with a declared gross weight in excess of 26,000 pounds if the department determines that:
(a) The licensee of the vehicle has violated one or more of the provisions of this chapter or chapter 366 or 706 of NRS; and
(b) There is reasonable cause for the revocation.
4. Before revoking a certificate of ownership or a certificate of registration and license plates pursuant to subsection 3, the department must send a written notice by certified mail to the licensee at his last known address ordering him to appear before the department at a time not less than 10 days after the mailing of the notice to show cause why the certificate of ownership or the certificate of registration and license plates should not be revoked pursuant to this section.
5. Upon rescission , revocation or cancellation of the certificate of ownership or of the certificate of registration and license plates, the affected certificate or certificate and plates [shall] must be returned to the department upon receipt of notice of rescission , revocation or cancellation.".
Assemblyman Collins moved the adoption of the amendment.
Remarks by Assemblyman Collins.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 160.
Bill read second time.
Assemblyman Anderson moved that Assembly Bill No. 160 be re-referred to the Committee on Ways and Means.
Motion carried.
Assembly Bill No. 231.
Bill read second time and ordered to third reading.
Assembly Bill No. 243.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 188.
Amend the bill as a whole by deleting section 1 and renumbering sections 2 and 3 as sections 1 and 2.
Amend sec. 3, page 3, line 1, by deleting "paragraph (c)," and inserting "this section,".
Amend sec. 3, page 3, line 16, by deleting "6" and inserting "4".
Amend the bill as a whole by deleting sec. 4 and renumbering sections 5 through 13 as sections 3 through 11.
Amend sec. 5, page 4, line 15, by deleting:
"6 to 10," and inserting:
"4 to 8,".
Amend sec. 7, page 5, line 13, by deleting "6" and inserting "4".
Amend sec. 8, page 5, line 29, by deleting "6" and inserting "4".
Amend sec. 11, page 7, line 15, by deleting "6" and inserting "4".
Amend sec. 12, page 8, line 12, by deleting "paragraph (c)," and inserting "this section,".
Amend sec. 12, page 8, line 27, by deleting "6" and inserting "4".
Amend the bill as a whole by renumbering sections 14 through 16 as sections 16 through 18 and adding new sections designated sections 12 through 15, following sec. 13, to read as follows:
"Sec. 12. NRS 50.325 is hereby amended to read as follows:
50.3251. If a person is charged with an offense punishable pursuant to chapter 453 , [or] 484 or 488 of NRS or homicide resulting from driving , operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor, a controlled substance or a chemical, poison or organic solvent, and it is necessary to prove:
(a) The existence of any alcohol;
(b) The quantity of a controlled substance; or
(c) The existence or identity of a controlled substance, chemical, poison or organic solvent,
the prosecuting attorney may request that the affidavit or declaration of an expert or other person described in NRS 50.315 and 50.320 be admitted into evidence at the trial or preliminary hearing concerning the offense. Except as otherwise provided in NRS 50.315 and 50.320, the affidavit or declaration must be admitted into evidence.
2. If the request is to have the affidavit or declaration admitted into evidence at a preliminary hearing or hearing before a grand jury, the affidavit or declaration must be admitted into evidence upon submission. If the request is to have the affidavit or declaration admitted into evidence at trial, the request must be:
(a) Made at least 10 days before the date set for the trial;
(b) Sent to the defendant's counsel and to the defendant, by registered or certified mail by the prosecuting attorney; and
(c) Accompanied by a copy of the affidavit or declaration and the name, address and telephone number of the affiant or declarant.
3. The provisions of this section do not prohibit either party from producing any witness to offer testimony at trial.
Sec. 13. NRS 458.260 is hereby amended to read as follows:
458.260 1. Except as otherwise provided in subsection 2, the use of alcohol, the status of drunkard and the fact of being found in an intoxicated condition are not:
(a) Public offenses and shall not be so treated in any ordinance or resolution of a county, city or town.
(b) Elements of an offense giving rise to a criminal penalty or civil sanction.
2. The provisions of subsection 1 do not apply to [the offenses enumerated in NRS 412.536, 412.538, 483.460, 483.490, 484.379, 484.3795, 484.384, 488.205, 493.130, 705.250, subsection 2 of NRS 483.560 and homicide] :
(a) The provisions of NRS 483.460, 483.490, subsection 2 of NRS 483.560 and NRS 484.384;
(b) An offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute;
(c) A homicide resulting from driving , operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or [to similar offenses] a controlled substance; and
(d) Any offense similar to an offense set forth in paragraph (a), (b) or (c) that is set forth in [any] an ordinance or resolution of a county, city or town.
3. This section does not make intoxication an excuse or defense for any criminal act.
Sec. 14. NRS 458.270 is hereby amended to read as follows:
458.270 1. Except as otherwise provided in subsection 7, a person who is found in any public place under the influence of alcohol, in such a condition that he is unable to exercise care for his own health or safety or the health or safety of others, must be placed under civil protective custody by a peace officer.
2. A peace officer may use upon such a person that kind and degree of force which would be lawful if he were effecting an arrest for a misdemeanor with a warrant.
3. If a licensed facility for the treatment of persons who abuse alcohol exists in the community where the person is found, he must be delivered to the facility for observation and care. If no such facility exists in the community, the person so found may be placed in a county or city jail or detention facility for shelter or supervision for his own health and safety until he is no longer under the influence of alcohol. He may not be required against his will to remain in either a licensed facility, jail or detention facility longer than 48 hours.
4. An intoxicated person taken into custody by a peace officer for a public offense must immediately be taken to a secure detoxification unit or other appropriate medical facility if his condition appears to require emergency medical treatment. Upon release from the detoxification unit or medical facility, the person must immediately be remanded to the custody of the apprehending peace officer and the criminal proceedings proceed as prescribed by law.
5. The placement of a person found under the influence of alcohol in civil protective custody must be:
(a) Recorded at the facility, jail or detention facility to which he is delivered; and
(b) Communicated at the earliest practical time to his family or next of kin if they can be located and to the division or to a local alcohol abuse authority designated by the division.
6. Every peace officer and other public employee or agency acting pursuant to this section is performing a discretionary function or duty.
7. The provisions of this section do not apply to [any driver] a person who is apprehended or arrested for [the offense of operating a vehicle under the influence of intoxicating liquor or controlled substances, pursuant to chapter 484 of NRS.] :
(a) An offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute;
(b) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; and
(c) Any offense similar to an offense set forth in paragraph (a) or (b) of this subsection that is set forth in an ordinance or resolution of a county, city or town.
Sec. 15. NRS 629.065 is hereby amended to read as follows:
629.065 1. Each provider of health care shall, upon request, make available to a law enforcement agent or district attorney the health care records of a patient which relate to a test of his blood, breath or urine if:
(a) The patient is suspected of driving , operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance [;] in violation of NRS 484.379, 484.3795, subsection 2 of NRS 488.205 or NRS 488.206 or section 4 of this act; and
(b) The records would aid in the related investigation.
To the extent possible, the provider of health care shall limit the inspection to the portions of the records which pertain to the presence of alcohol or a controlled substance in the blood, breath or urine of the patient.
2. The records must be made available at a place within the depository convenient for physical inspection. Inspection must be permitted at all reasonable office hours and for a reasonable length of time. The provider of health care shall also furnish a copy of the records to the law enforcement agent or district attorney who requests it and pays the costs of reproducing the copy.
3. Records made available pursuant to this section may be presented as evidence during a related criminal proceeding against the patient.
4. A provider of health care, his agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.".
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. 249.
Bill read second time and ordered to third reading.
Assembly Bill No. 315.
Bill read second time and ordered to third reading.
Senate Bill No. 61.
Bill read third time.
Remarks by Assemblyman Parks.
Roll call on Senate Bill No. 61:
Yeas -- 40.
Nays -- Price.
Excused -- Humke.
Senate Bill No. 61 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Tom Collins and Francine Collins.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Nat Lommori, Carolee Beckham, Julie Day, Kathy Warden, Larry Warden, Ross Whitacre, David Sanford, Alice Reese, Keli Day, Linda Reese, and Kim Chandler.
On request of Assemblyman Goldwater, the privilege of the floor of the Assembly Chamber for this day was extended to Greg Richarson.
On request of Assemblyman Herrera, the privilege of the floor of the Assembly Chamber for this day was extended to John Riggs.
On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Adriene Angelini and Toni Angelini.
On request of Assemblywoman Lambert, the privilege of the floor of the Assembly Chamber for this day was extended to Malyn Malquist.
On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Larry Craig.
On request of Assemblyman Williams, the privilege of the floor of the Assembly Chamber for this day was extended to Anthony Spencer, Henry Vasquez, Howard Cuveston, Jeremiah Spencer, Tristen Hobbs, Kendra Lawson, Amber Davis, Kneakeyia Jones, Brittney Fuller, Chianti Harvey, Jennifer Whitehead, Tarisha Jackson, Raynell Jenkins, Linda Gipson, David Amour, Bobbi Heath, Tara Jackson and Sharon Harvey.
Assemblyman Perkins moved that the Assembly adjourn until Thursday, April 17, 1997 at 11 a.m.
Motion carried.
Assembly adjourned at 12:40 p.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly