THE FIFTY-THIRD DAY
Carson City (Thursday), March 25, 1999
Assembly called to order at 4:40 p.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Thomas and Williams, who were excused.
Prayer by the Chaplain, Father Jeff Paul.
O Lord our Governor, whose glory is in all the world; we commend the State of Nevada and our sister state of Taiwan to Your care, that we may all dwell in Your peace. Grant to this Assembly and to all in authority wisdom and strength to know and do Your will. Fill us all with a love of truth and righteousness, and make us mindful of our calling to serve Your people; one God, wold without end. 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.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 447, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Commerce and Labor, to which was referred Assembly Bill No. 311, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Barbara E. Buckley, Chairman
Mr. Speaker:
Your Committee on Education, to which was referred Assembly Bill No. 332, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 612, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Chris Giunchigliani, Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 74, 131, 414, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Government Affairs, to which was referred Assembly Bill No. 237, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended and re-refer to the Committee on Ways and Means.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Committee on Health and Human Services, to which were referred Assembly Bill No. 251, Assembly Joint Resolution No. 15, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Health and Human Services, to which was referred Assembly Joint Resolution No. 14, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Health and Human Services, to which was referred Assembly Concurrent Resolution No. 19, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Vivian L. Freeman, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 308, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernard Anderson, Chairman
Mr. Speaker:
Your Concurrent Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 285, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Marcia de Braga, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 22, 1999
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 263.
Mary Jo Mongelli
Assistant Secretary of the Senate
Senate Chamber, Carson City, March 24, 1999
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 67, 326, 417.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 64, 314, 359.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolutions Nos. 38, 39.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 1.
Resolution read second time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 217.
Amend the resolution, page 2, line 7, after “appointed” by inserting:
“, subject to the approval of the Legislative Commission,”.
Amend the resolution, page 2, line 16, by deleting “committee;” and inserting:
“committee and, in approving the appointments to the committee, shall ensure that not less than two of the members are appointed from the Assembly Standing Committee on Elections, Procedures, and Ethics and not less than two of the members are appointed from the Senate Standing Committee on Government Affairs;”.
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Resolution ordered reprinted, engrossed and to third reading.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 64.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 67.
Assemblywoman Buckley moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 263.
Assemblyman Perkins moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 314.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 326.
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.
Senate Bill No. 417.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 165.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 92.
Amend sec. 2, page 3, by deleting lines 26 through 29 and inserting:
“photographs [to law enforcement officers who are conducting] may be inspected only to conduct criminal investigations [.] and photographic lineups. If a court subsequently determines that the child is”.
Amend the bill as a whole by deleting sec. 3 and renumbering sec. 4 as sec. 3.
Amend the title of the bill by deleting the fourth and fifth lines and inserting:
“inspection of photographs of children; and providing other matters properly relating”.
Assemblyman Manendo moved the adoption of the amendment.
Remarks by Assemblyman Manendo.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 229.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 177.
Amend section 1, page 1, by deleting line 3, by inserting:
“1. In addition to any other action authorized pursuant to the provisions of this chapter, the”.
Amend section 1, page 1, by deleting lines 7 and 8 and inserting:
“(a) The child has never been found to be within the purview”.
Amend section 1, page 1, line 10, by deleting “(c)” and inserting “(b)”.
Amend section 1, page 2, line 14, after “in” by inserting:
“one or more of ”.
Amend section 1, page 2, line 15, by deleting the italicized semicolon and inserting:
“, as deemed appropriate by the court:”.
Amend sec. 2, pages 3 and 4, by deleting lines 28 through 43 on page 3 and lines 1 through 17 on page 4 and inserting:
“3. An agreement for informal supervision may require a child to:
(a) Perform public service or provide restitution to any victim of the acts for which the child was referred to the probation officer; [and]
(b) Participate in a program of restitution through work that is established pursuant to section 1 of Senate Bill No. 77 of this [act] session if the child:
(1) Is 14 years of age or older;
(2) Has never been found to be within the purview of this chapter for an unlawful act that involved the use or threatened use of force or violence against a victim and has never been found to have committed such an unlawful act in any other jurisdiction;
(3) Is required to provide restitution to a victim; and
(4) Voluntarily agrees to participate in the program of restitution through work[.] ;
(c) Complete a program of cognitive training and human development pursuant to section 1 of this act if:
(1) The child has never been found to be within the purview of this chapter; and
(2) The unlawful act for which the child is found to be within the purview of this chapter did not involve the use or threatened use of force or violence against a victim; or
(d) Engage in any combination of the activities set forth in paragraphs (a), (b) and (c).
4. If an agreement for informal supervision requires a child to participate in a program of restitution through work[,] as set forth in paragraph (b) of subsection 3 or complete a program of cognitive training and human development as set forth in paragraph (c) of subsection 3, the agreement may also require any or all of the following, in the following order of priority if practicable:
(a) The child or the parent or guardian of the child, to the extent of his financial ability, to pay the costs associated with the participation of the child in the program, including, without limitation, 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 the child participates in the program or performs work, [unless,] and in the case of a program of restitution through work, for industrial insurance, [it] unless the industrial insurance is provided by the employer for which the child performs the work; or
(b) The child to work on projects or perform public service pursuant to paragraph (i) of subsection 1 of NRS 62.211 for a period that reflects the costs associated with the participation of the child in the program.
5. If a child is placed under informal supervision, a petition based upon the events out of which the original complaint arose may be filed only within 180 days after entry into the agreement for informal supervision. If a petition is filed within that period, the child may withdraw the admission he made pursuant to subsection 1. The child’s compliance with all proper and reasonable terms of the agreement constitute grounds for the court to dismiss the petition.
6. A probation officer shall file annually with the court a report of”.
Amend the bill as a whole by adding a new section designated sec. 5, following sec. 4, to read as follows:
“Sec. 5. Section 2 of this act becomes effective at 12:01 a.m. on October 1, 1999.”.
Assemblyman Manendo moved the adoption of the amendment.
Remarks by Assemblyman Manendo.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 363.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 155.
Amend section 1, page 2, line 16, by deleting “15” and inserting “20”.
Amend section 1, page 2, line 23, by deleting “15” and inserting “20”.
Amend sec. 3, page 3, line 22, by deleting:
“October 1, 1999.” and inserting:
“the effective date of this act.”.
Amend the bill as a whole by adding a new section designated sec. 4, following sec. 3, to read as follows:
“Sec. 4. This act becomes effective upon passage and approval.”.
Assemblyman Manendo moved the adoption of the amendment.
Remarks by Assemblyman Manendo.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 374.
Bill read second time and ordered to third reading.
general file and third reading
Assembly Bill No. 175.
Bill read third time.
Remarks by Assemblyman Beers.
Roll call on Assembly Bill No. 175:
Yeas—40.
Nays—None.
Excused—Thomas, Williams—2.
Assembly Bill No. 175 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 234.
Bill read third time.
Remarks by Assemblyman Parks.
Roll call on Assembly Bill No. 234:
Yeas—40.
Nays—None.
Excused—Thomas, Williams—2.
Assembly Bill No. 234 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Assembly Bills Nos. 297, 305, 309, 322, 408, Senate Bill No. 158 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
Assemblyman Collins moved that Assembly Concurrent Resolution No. 21 be taken from the Chief Clerk's desk and placed on the Resolution File for the next legislative day.
Motion carried.
Assemblyman Perkins moved that the Assembly recess for the purpose of hearing an address by Victor Tseng, Director General, Taipei Economic and Cultural Office in San Francisco.
Motion carried.
Assembly in recess at 5:03 p.m.
ASSEMBLY IN SESSION
At 5:34 p.m.
Mr. Speaker presiding.
Quorum present.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Colleen Goff, Jeremy Ivins and Kim Bennett.
On request of Assemblywoman McClain, the privilege of the floor of the Assembly Chamber for this day was extended to Debbie Jackson.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Eileen B. Smith, Tana Smith and Russ Lakatos.
Assemblyman Perkins moved that the Assembly adjourn until Friday, March 26, 1999, at 10:15 a.m.
Motion carried.
Assembly adjourned at 5:35 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon