Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND TWENTY-FIRST DAY
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Carson City (Tuesday), May 20, 1997
Assembly called to order at 11:11 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblywoman Segerblom, who was excused.
Prayer by the Chaplain, The Reverend W. Duane Geyer.
Our Father, thank You for the wonderful adventure of faith and prayer You invite us to enjoy. As we embrace the challenges, and stretching moments of this day, help us to keep in mind that You are with us to help us. Expand our minds and hearts so that we might understand the blessing of Your grace, and desire You have to give us powerful insight in every area of our responsibility. May You open our hearts and minds with a fresh sense of expectation, as we turn our focus toward how much we can accomplish when we work together for the good of all. In the wonderful Name of the Lord we pray.
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.
Richard Perkins,
Chairman
Mr. Speaker:
Your Committee on Commerce, to which was re-referred Senate Bill No. 96, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Richard Perkins,
Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 310, 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. 36, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry, Jr.,
Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was referred Assembly Bill No. 219, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry, Jr.,
Chairman
Senate Chamber, Carson City, May 19, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolutions Nos. 26, 27.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 103, 330, 359.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 5, 6, 99, 101, 247, 265.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Joint Resolution No. 18.
Mary Jo Mongelli
Assistant Secretary of the Senate
Senate Bill No. 5.
Assemblyman Perkins moved that the bill be referred to the Concurrent Committees on Judiciary and Ways and Means.
Motion carried.
Senate Bill No. 6.
Assemblyman Perkins moved that the bill be referred to the Concurrent Committees on Judiciary and Ways and Means.
Motion carried.
Senate Bill No. 99.
Assemblyman Perkins moved that the bill be referred to the Concurrent Committees on Judiciary and Ways and Means.
Motion carried.
Senate Bill No. 101.
Assemblyman Perkins moved that the bill be referred to the Concurrent Committees on Judiciary and Ways and Means.
Motion carried.
Senate Bill No. 103.
Assemblyman Perkins moved that the bill be referred to the Concurrent Committees on Judiciary and Ways and Means.
Motion carried.
Senate Bill No. 247.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 265.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 330.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 359.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assemblyman Close moved that Assembly Bill No. 155 be taken from the Chief Clerk's desk and placed on the Second Reading File immediately following Assembly Bill No. 463.
Remarks by Assemblyman Close.
Motion carried.
Assembly Bill No. 205.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 315.
Amend the bill as a whole by deleting sections 1 and 2, renumbering sec. 3 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
"Section 1. NRS 392.375 is hereby amended to read as follows:
392.375 1. [Each] At least twice each school year, a school district shall require all [of] the pupils in the school district who ride a school bus to practice the evacuation of a school bus [twice each school year.] and to receive instruction in the responsibility of a passenger of a school bus to use the emergency exit doors on the bus during an evacuation.
2. Each school district shall adopt a safety program which includes, without limitation:
(a) The procedure for pupils to safely enter and exit a school bus, including entering and exiting with a driver of a school bus as an escort;
(b) Proper behavior and conduct of pupils while in areas around a school bus where a high risk of danger to pupils exists, including the area that is used to load and unload school buses;
(c) Behavior and conduct of pupils while on a school bus that will enhance the safety of the pupils;
(d) Evacuation of pupils from a school bus; and
(e) The location of emergency equipment on a school bus.
At least annually, a school district shall require all pupils who are enrolled in preschool, kindergarten and in grades 1 to 4, inclusive, in the school district who ride a school bus to participate in the safety program created pursuant to this section.
3. If a parent or legal guardian enrolls his child in preschool, kindergarten or grades 1 to 6, inclusive, and the child will be riding a school bus for the first time, the school shall provide the parent or legal guardian, upon enrollment, with written information concerning the safety of pupils on a school bus. The information must include, without limitation:
(a) A description of each location that is designated to load and unload a school bus which is in geographical proximity to the pupil's residence;
(b) Rules of conduct for pupils on a school bus and at an area that is designated for pupils to enter and exit a school bus;
(c) Instructions for the operation of a motor vehicle:
(1) At school crossing zones and in areas that are designated to load and unload a school bus; and
(2) When a driver of a school bus operates a system of flashing red lights;
(d) A description of the area around a school bus that poses a high risk of danger to pupils and other pedestrians; and
(e) Behavior and conduct for pupils who walk to and from an area that is designated for pupils to enter and exit a school bus that will enhance the safety of the pupils.
4. The board of trustees of each school district shall adopt regulations regarding practices conducted pursuant to subsection 1 [,] and participation in safety programs required by subsection 2, including the requirement of such practices and participation in such programs at the beginning of any field trip by school bus.".
Amend the title of the bill to read as follows:
Assembly Bill No. 370.
Bill read second time and ordered to third reading.
Assembly Bill No. 379.
Bill read second time.
The following amendment was proposed by the Committee on Infrastructure:
Amendment No. 366.
Amend the bill as a whole by deleting sec. 2 and renumbering sec. 3 as sec. 2.
Amend sec. 3, page 1, by deleting lines 9 and 10 and inserting:
"Sec. 2. "Overhead service facilities" means service facilities located above the surface of the ground, except".
Amend sec. 3, page 1, line 16, after "overhead " by inserting "service".
Amend sec. 3, page 1, line 17, after "overhead " by inserting "service".
Amend the bill as a whole by adding a new section designated sec. 3, following sec. 3, to read as follows:
"Sec. 3. "Service facilities" means any works or improvements used or useful in providing:
1. Electric or communication service; or
2. Service from a community antenna television system as that term is defined in NRS 711.040,
including, but not limited to, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances.".
Amend sec. 4, page 2, by deleting lines 1 through 4 and inserting:
"Sec. 4. "Service provider" means:
1. A person or corporation subject to the jurisdiction of the public service commission of Nevada that provides electric or communication service to the public; and
2. A community antenna television company as that term is defined in NRS 711.030,
by means of service facilities.".
Amend sec. 5, page 2, by deleting lines 6 through 8 and inserting:
"existing overhead service facilities owned by one or more service providers and the replacement thereof with underground service facilities constructed at the".
Amend sec. 6, page 2, by deleting lines 13 and 14 and inserting:
"to establish such a district, each service provider that owns the overhead service facilities to be converted to".
Amend sec. 6, page 2, line 18, by deleting:
"public utility corporation" and inserting "service provider".
Amend sec. 6, page 2, by deleting lines 21 through 26 and inserting:
"service provider that owns the overhead service facilities to be converted in the proposed improvement district a written estimate of the cost to convert those facilities to underground facilities. The service provider shall provide its estimate of the cost of the conversion to the governing body not later than 120 days after the service provider receives the request from the governing body.".
Amend sec. 6, page 2, by deleting lines 32 through 34 and inserting:
"more of the service providers that own the overhead service facilities to be converted, pursuant to a written agreement between the governing body and each service provider".
Amend sec. 6, page 2, line 42, by deleting:
"public utility corporation" and inserting "service provider".
Amend sec. 6, page 3, line 11, by deleting:
"public utility corporation" and inserting "service provider".
Amend sec. 7, page 3, line 17, by deleting:
"public utility corporation" and inserting "service provider".
Amend sec. 7, page 3, line 19, by deleting:
"public utility corporation," and inserting "service provider,".
Amend sec. 7, page 3, by deleting lines 24 and 25 and inserting:
"(a) For service facilities that provide electric service, up to the service entrance.
(b) For service facilities that provide communication service or service from a community antenna television system as that term is defined in NRS 711.040, to the connection point within the house".
Amend sec. 7, page 3, by deleting lines 30 and 31 and inserting
"land.".
Amend sec. 9, page 4, by deleting lines 29 and 30 and inserting:
"with the approval of each service provider that owns the overhead service facilities to be converted.".
Amend the title of the bill, third line, by deleting:
"electric and communication" and inserting "service".
Amend the summary of the bill, second line, by deleting:
"electric and communication" and inserting "service".
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblymen Goldwater, Collins, Anderson and Williams.
Assemblyman Williams moved that Assembly Bill No. 379 be taken from the Second Reading File and placed on the Chief Clerk's desk.
Motion carried.
Assembly Bill No. 430.
Bill read second time and ordered to third reading.
Assembly Bill No. 446.
Bill read second time and ordered to third reading.
Assembly Bill No. 463.
Bill read second time and ordered to third reading.
Assembly Bill No. 155.
Bill read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 403.
Amend section 1, page 1, line 15, by deleting:
"2, 3 and 4" and inserting:
"2 to 7, inclusive,".
Amend the bill as a whole by deleting sections 2 through 4, renumbering sec. 5 as sec. 8 and adding new sections designated sections 2 through 7, following section 1, to read as follows:
"Sec. 2. The provisions of sections 3 to 7, inclusive, of this act do not apply to any facility for the treatment of abuse of alcohol or drugs.
Sec. 3. 1. Each applicant for a license to operate a facility for intermediate care, facility for skilled nursing or residential facility for groups shall submit to the central repository for Nevada records of criminal history two complete sets of fingerprints for submission to the Federal Bureau of Investigation for its report.
2. The central repository for Nevada records of criminal history shall determine whether the applicant has been convicted of a crime listed in section 7 of this act and immediately inform the administrator of the facility, if any, and the health division of whether the applicant has been convicted of such a crime.
Sec. 4. 1. Except as otherwise provided in subsection 4, within 10 days after hiring an employee, the administrator of, or the person licensed to operate, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups shall:
(a) Obtain a written statement from the employee stating whether he has been convicted of any crime listed in section 7 of this act;
(b) Obtain a verbal and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a);
(c) Obtain from the employee two sets of fingerprints and a written authorization to forward the fingerprints to the central repository for Nevada records of criminal history for submission to the Federal Bureau of Investigation for its report; and
(d) Submit to the central repository for Nevada records of criminal history the fingerprints obtained pursuant to paragraph (c).
2. The central repository for Nevada records of criminal history shall determine whether the employee has been convicted of a crime listed in section 7 of this act and immediately inform the health division, the administrator of and the person licensed to operate, the agency or facility at which the person is employed of whether or not the employee has been convicted of such a crime.
3. The central repository for Nevada records of criminal history may impose a fee upon an agency or a facility that submits fingerprints pursuant to this section for the reasonable cost of the investigation. The agency or facility may recover from the employee not more than one-half of the fee imposed by the central repository. If the agency or facility requires the employee to pay for any part of the fee imposed by the central repository, it shall allow the employee to pay the amount through periodic payments.
4. The provisions of this section do not apply to an employee who has undergone an investigation of his criminal background as a condition to receiving a professional license in this state.
Sec. 5. Each agency to provide nursing in the home, facility for intermediate care, facility for skilled nursing and residential facility for groups shall maintain accurate records of the information concerning its employees collected pursuant to section 3 of this act, and shall maintain a copy of the fingerprints submitted to the central repository for Nevada records of criminal history and proof it submitted two sets of fingerprints to the central repository for its report. These records must be made available for inspection by the health division at any reasonable time and copies thereof must be furnished to the health division upon request.
Sec. 6. 1. Upon receiving information from the central repository for Nevada records of criminal history pursuant to section 4 of this act, or evidence from any other source, that a person who is employed at an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups has been convicted of a crime listed in paragraph (a) of subsection 1 of section 7 of this act, the administrator of, or the person licensed to operate, the agency or facility shall terminate the employment of that person after allowing him any time to correct the information as required pursuant to subsection 2.
2. If an employee believes that the information provided by the central repository is incorrect, he may immediately inform the agency or facility. An agency or facility that is so informed shall give an employee a reasonable amount of time of not less than 30 days to correct the information received from the central repository before terminating the employment of the person pursuant to subsection 1.
3. An agency or facility that has complied with section 4 of this act may not be held civilly or criminally liable based solely upon the ground that the agency or facility allowed an employee to work:
(a) Before it received the information concerning the employee from the central repository;
(b) During any period required pursuant to subsection 2 to allow the employee to correct such information;
(c) Based on the information received from the central repository, if the information received from the central repository was inaccurate; or
(d) Any combination thereof.
An agency or facility may be held liable for any other conduct determined to be negligent or unlawful.
Sec. 7. 1. In addition to the grounds listed in NRS 449.160, the health division may deny a license to operate a facility for intermediate care, facility for skilled nursing or residential facility for groups to an applicant or may suspend or revoke the license of a licensee to operate such a facility if:
(a) The applicant or licensee has been convicted of:
(1) Murder, voluntary manslaughter or mayhem;
(2) Assault with intent to kill or to commit sexual assault or mayhem;
(3) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;
(4) Abuse or neglect of a child or contributory delinquency;
(5) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the past 7 years;
(6) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years; or
(7) Any other felony involving the use of a firearm or other deadly weapon, within the immediately preceding 7 years; or
(b) The licensee has continued to employ a person who has been convicted of a crime listed in paragraph (a).
2. In addition to the grounds listed in NRS 449.160, the health division may deny a license to operate an agency to provide nursing in the home to an applicant or may suspend or revoke the license of a licensee to operate such an agency if the licensee has continued to employ a person who has been convicted of a crime listed in paragraph (a) of subsection 1. ".
Amend sec. 5, page 2, line 37, by deleting:
"2, 3 and 4 " and inserting:
"2 to 7, inclusive,".
Amend the bill as a whole by renumbering sec. 6 as sec. 11 and adding new sections designated sections 9 and 10, following sec. 5, to read as follows:
"Sec. 9. NRS 449.060 is hereby amended to read as follows:
449.0601. Each license issued pursuant to NRS 449.001 to 449.240, inclusive, expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of the fee provided in NRS 449.040 and 449.050 unless the health division finds, after an investigation, that the facility has not:
[1.] (a) Satisfactorily complied with the provisions of NRS 449.001 to 449.240, inclusive, or the standards and regulations adopted by the board; or
[2.] (b) Obtained the approval of the director of the department of human resources before undertaking a project, if such approval is required by NRS 439A.100; or
[3.] (c) Conformed to all applicable local zoning regulations.
2. Each reapplication for an agency to provide nursing in the home, a residential facility for intermediate care, a facility for skilled nursing or a residential facility for groups must include, without limitation, a statement that the facility or agency is in compliance with the provisions of sections 2 to 7, inclusive, of this act.
Sec. 10. NRS 179A.075 is hereby amended to read as follows:
179A.0751. The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department.
2. Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:
(a) Collect and maintain records, reports and compilations of statistical data required by the department; and
(b) Submit the information collected to the central repository in the manner recommended by the advisory committee and approved by the director of the department.
3. Each agency of criminal justice shall submit the information relating to sexual offenses and other records of criminal history it collects, and any information in its possession relating to the genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense, to the division in the manner prescribed by the director of the department. A report of disposition must be submitted to the division:
(a) Through an electronic network;
(b) On a [media] medium of magnetic storage; or
(c) In the manner prescribed by the director of the department,
within 30 days after the date of disposition. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.
4. The division shall:
(a) Collect, maintain and arrange all information submitted to it relating to:
(1) Sexual offenses and other records of criminal history; and
(2) The genetic markers of the blood and the secretor status of the saliva of a person who is convicted of sexual assault or any other sexual offense.
(b) Use a record of the subject's fingerprints as the basis for any records maintained regarding him.
5. The division may:
(a) Disseminate any information which is contained in the central repository to any other agency of criminal justice;
(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of such information; and
(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person:
(1) Who has applied to any agency of the state or any political subdivision for a license which it has the power to grant or deny;
(2) With whom any agency of the state or any political subdivision intends to enter into a relationship of employment or a contract for personal services; [or]
(3) About whom any agency of the state or any political subdivision has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction [.] or;
(4) For whom such information is required to be obtained pursuant to section 4 of this act.
6. The central repository shall:
(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.
(b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.
(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the central repository.
(d) Investigate the criminal history of any person who:
(1) Has applied to the superintendent of public instruction for a license;
(2) Has applied to a county school district for employment; or
(3) Is employed by a county school district,
and notify the superintendent of each county school district and the superintendent of public instruction if the investigation of the central repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.
(e) Upon discovery, notify the superintendent of each county school district by providing him with a list of all persons:
(1) Investigated pursuant to paragraph (d); or
(2) Employed by a county school district whose fingerprints were sent previously to the central repository for investigation,
who the central repository's records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the central repository's initial investigation. The superintendent of each county school district shall determine whether further investigation or action by the district is appropriate.
(f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to section 3 or 4 of this act.
(g) On or before July 1 of each year, prepare and present to the governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the governor throughout the year regarding specific areas of crime if they are recommended by the advisory committee and approved by the director of the department.
[(g)] (h) Identify and review the collection and processing of statistical data relating to criminal justice and delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.
7. The central repository may:
(a) At the recommendation of the advisory committee and in the manner prescribed by the director of the department, disseminate compilations of statistical data and publish statistical reports relating to crime or delinquency of children.
(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The central repository may not collect such a fee from an agency of criminal justice or any other agency dealing with crime or delinquency of children which is required to submit information pursuant to subsection 2. All money collected pursuant to this paragraph must be used to pay for the cost of operating the central repository.
8. As used in this section, "advisory committee" means the committee established by the director of the department pursuant to NRS 179A.078.".
Amend sec. 6, page 2, line 41, after "6." by inserting "1.".
Amend sec. 6, pages 2 and 3, by deleting line 44 on page 2 and lines 1 through 3 on page 3 and inserting:
"residential facility for groups before October 1, 1997, shall provide the central repository for Nevada records of criminal history with two complete sets of fingerprints on or before November 1, 1997.
2. Each person who is an employee of an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing or a residential facility for groups before October 1, 1997, shall provide the administrator of, or the person licensed to operate, the agency or facility at which he is employed with two complete sets of fingerprints on or before November 1, 1997.".
Amend the preamble of the bill, page 1, line 4, by deleting "persons;" and inserting "persons; and".
Amend the preamble of the bill, page 1, between lines 4 and 5, by inserting:
"Whereas, Agencies to provide nursing in the home also provide assistance to these vulnerable residents; and".
Amend the preamble of the bill, page 1, line 6, by deleting "facilities;" and inserting:
"facilities and agencies; and".
Amend the preamble of the bill, page 1, lines 8 and 9, by deleting:
"persons who reside in those facilities;" and inserting:
"these vulnerable residents;".
Amend the title of the bill to read as follows:
Senate Bill No. 29.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 392.
Amend section 1, page 2, by deleting lines 18 and 19 and inserting:
"(a) Request that a prosecuting attorney undertake collection of the delinquency, including, without limitation, the original ".
Amend section 1, page 3, line 27, by deleting the period and inserting:
"of this subsection.".
Amend the bill as a whole by adding a new section designated as sec. 6, following sec. 5, to read as follows:
"Sec. 6. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government which are related to the provisions of this act.".
Amend the title of the bill, sixth line, after "restitution;" by inserting:
"providing a penalty;".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to the Concurrent Committee on Ways and Means.
Senate Bill No. 46.
Bill read second time.
The following amendment was proposed by the Committee on Infrastructure:
Amendment No. 365.
Amend section 1, page 1, line 8, by deleting "a contract" and inserting:
"an interlocal agreement".
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblymen Goldwater and Collins.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Senate Bill No. 122.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 393.
Amend sec. 9, page 2, line 11, by deleting "A" and inserting:
"Except as otherwise provided in subsection 3, a".
Amend sec. 9, page 2, by deleting line 15 and inserting:
"(c) Engages in sexual conduct with a pupil who is 16 or 17 years of ".
Amend sec. 9, page 2, line 27, by deleting "students" and inserting "pupils".
Amend sec. 9, page 2, between lines 28 and 29, by inserting:
"3. The provisions of this section do not apply to a person who is married to the pupil.".
Amend sec. 10, page 2, line 29, by deleting "A" and inserting:
"Except as otherwise provided in subsection 3, a".
Amend sec. 10, page 2, after line 42, by inserting:
"3. The provisions of this section do not apply to a person who is married to the student.".
Amend the title of the bill to read as follows:
"AN ACT relating to crimes; prohibiting a person employed in a position of authority by a public school or private school from engaging in sexual conduct with a pupil who is 16 or 17 years of age; prohibiting a person employed in a position of authority by a college or university from engaging in sexual conduct with a student who is 16 or 17 years of age; providing a penalty; and providing other matters properly relating thereto.".
Amend the summary of the bill to read as follows:
"SUMMARY--Prohibits person employed in position of authority by school, college or university from engaging in sexual conduct with certain pupils or students. (BDR 15-714)".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assembly Bill No. 147.
Bill read third time.
Remarks by Assemblymen Goldwater and Krenzer.
Conflict of interest declared by Assemblywoman Krenzer.
Roll call on Assembly Bill No. 147:
Yeas--39.
Nays--Carpenter.
Not voting--Krenzer.
Excused--Segerblom.
Assembly Bill No. 147 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
On request of Assemblywoman Freeman, the privilege of the floor of the Assembly Chamber for this day was extended to Bob Sullivan, Frank Martinez, Jeff Acosta, Destinee Allen, Sam Austin, Derek Bautista, J. B. Benna, Aaron Bergamo, April Berge, Jamie Bertelson, Bill Bleiehner, Jason Calvanese, Kevin Campbell, Severin Carlson, Betsy Caron, Sabrina Carroll, Elisabeth Chan, Jennifer Charlebois, Tim Clausen, Chris Conklin, Peter Crudo, Alex Cuenca, Bayo Curry, Fred Cutler, Gino De Tomaso, Rob Deane, Emily Dempsey, Becky Dickinson, Sam Donahoe, Paige Elliott, Megan Etechto, Michele Fraher, Dan Freitag, Manisha Gandhi, Kerry Gentry, Julie Harris, Sheri Ihde, Ed Keim, Tim Kennedy, Tom Killian, Curtis Kolvet, Shane Krause, Kevin Krichbaum, Liane Lee, Brianne Lopes, Lori Lucero, Nick Luongo, Patrick Lyttle, Matilda Magee, Matt Martinez, Katie McHugh, Sam McMullen, Don Millare, Galen Mitchell, Trevor Nolan, Catherine O'Mara, Brian O'Neill, Steven Pacheco, Erin Reilly, Ana Restrepo, Emily Ritter, Cody Scolari, Jeremy Shields, John Schonder, Olivia Sierra, Bridget Springgate, Briana Sullivan, Whitney Trader, Sam VanDeWall, Gwyn Vergara, Michelle Vink, Ronnie Vohland, Becky Warner, Aaron Wellelsey, Kim Wicksnin, Jennifer Yenick, Sonia Zarycany and Tony Zuliani.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Jennifer Brooks, Ricky Burdick, Dusty Cornwall, Tim Fuller, Angela Guastella, Gabe Hatchett, Natasha Holt, Janna Huffman, Chris Kallas, Erik Kennedy, Dillon Leknes, Will Leoppard, Jamie Lipkowitz, Brett McCormick, Michael Morris, Sierra Murphy, Everett Osorio, Amber Pelletier, Jacob Piemel, Mark Rasmusson, Silvano Sanchez, Jeff Slocum, Romaine Smokey, Elliot Souza, Adam Suschena, Rene Swift, Nich Weigand, Jesse Williams, Shawn Yevak, Jamie York, Matt Anton, Jeremiah Bashaw, Dan Bradshaw, Kevin Craig, Lori Dennis, Joe Gebhardt, Steven Gray, Charity Hobson, Nicole Jackson, Tyler Jeffers, Andy Johnson, Cliff Johnson, Peter Keegan, Chelsea Kronenberg, Jeanifer Lentz, Brenden McGraw-Romine, Chris Montgomery, Ben Nichols, Amber Oglesby, Dillon Rogers, Jeremy Taylor, Jen VanArsdall, Nicole Weber, Jason Adams, Brandon Nolan, Nancy Vilavalencia, Eric Hilliard, Risha Abele, Kristin Burtt, Zach Cassner, Noel Cruz, Derek Dimitri, Joe Garcia, Kathryne Green, Lauren Hayes, Albert Hernandez, Robbie Honer, Chris Knibbs, Emilie Larsen, Ellen Lillegard, Nellie Madera, Arlene Miller, Brian Nelson, Zach Rosenbloom, Serrell Smokey, Jerry Stevens, Myles Sylvester, Steven Thompson, Jessica Wright, Vito Baccellia, Tom Bayley, Adam Blount, Billy Brandstetter, Jaclyn Campbell, Dan Chaney, Kolt Clore, Mike Cruz, Jason Doering, Courtney Gardner, Eric Grigsby, Brian Hilliard, Rachelle Leal, Ana Rosa Montes, Michael Moore, Jen Morgan, Tiffany Oliveria, Adam Palmer, Justin Peneueta, Desiree Ransom, Zane Rivera, Jesse Sparman, Johnmark Stephan, Jason Taylor, Gabbie Vazquez, Teresa Agey, Karen Dorf, Tom Morgan, Melissa Nikolai, Dana Kyle, Mr. Bount, Mrs. Larsen and Mrs. Sylvester.
On request of Assemblyman Hickey, the privilege of the floor of the Assembly Chamber for this day was extended to John Schonder, William W. Bieichner and Stephan Pacheco.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to John Fleischmann.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Verita Black.
On request of Assemblyman Sandoval, the privilege of the floor of the Assembly Chamber for this day was extended to Liane Lee and Bayo Curry.
Assemblyman Perkins moved that the Assembly adjourn until Wednesday, May 21, 1997 at 11 a.m.
Motion carried.
Assembly adjourned at 12:05 p.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly