THE TWENTY-SIXTH DAY
Carson City(Friday), February 26, 1999
Senate called to order at 10:49 a.m.
President Hunt presiding.
Roll called.
All present except Senator Rawson, who was excused.
Prayer by the Chaplain, Dr. Ken Haskins.
Father of lights, Your Word is a lamp to our feet and a light to our path. Ours is a complex age and more than ever we need Your light to guide us and Your wisdom to help us make the right decisions. Lead us onward and upward O Captain of our souls. We pray in the Name of the One who is still the light of the world.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Judiciary, 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: Do pass.
Also, your Committee on Judiciary, to which was referred Senate Bill No. 62, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Mark A. James, Chairman
Madam President:
Your Committee on Human Resources and Facilities, to which was referred Senate Concurrent Resolution No. 8, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Raymond D. Rawson, Chairman
Madam President:
Your Committee on Transportation, to which was referred Senate Bill No. 153, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
William R. O’Donnell, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, February 25, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 132, 275.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 20, 83, 85.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
INTRODUCTION, FIRST READING AND REFERENCE
By Senators Schneider, Titus, Care, Carlton, Neal, Shaffer and Wiener:
Senate Bill No. 260—AN ACT relating to mobile home parks; limiting the amount that certain entities which provide water service may charge to install individual meters in certain mobile home parks; and providing other matters properly relating thereto.
Senator Schneider moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senators Care, Porter, Titus, Shaffer, Schneider, Coffin, Wiener; Assemblymen Segerblom, Perkins, Ohrenschall and Manendo:
Senate Bill No. 261—AN ACT relating to veteran affairs; requiring the veterans’ home that is established in southern Nevada to include temporary housing for the spouses of veterans residing in the veterans’ home; and providing other matters properly relating thereto.
Senator Care moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Taxation:
Senate Bill No. 262—AN ACT relating to taxation; creating a presumption that certain tangible personal property initially used in interstate or foreign commerce outside this state was not purchased for storage, use or other consumption in this state; and providing other matters properly relating thereto.
Senator O’Donnell moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Senator Jacobsen:
Senate Bill No. 263—AN ACT relating to veterans; creating an office of veterans’ services; changing the name and transferring the offices of the executive and deputy executive directors for veteran affairs from the office of the military to the office of veterans’ services; and providing other matters properly relating thereto.
Senator Jacobsen moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 264—AN ACT relating to prisons; requiring certain prospective employees of the department of prisons to submit to polygraphic examinations; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 265—AN ACT relating to criminal proceedings; providing that certain evidence derived from a communication intercepted by an investigative or law enforcement officer relating to offenses other than those specified in the order authorizing the interception is admissible in criminal proceedings; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 266—AN ACT relating to the department of motor vehicles and public safety; imposing an additional fee under certain circumstances for the issuance by the department of a certificate of title or duplicate certificate of title for which priority processing is requested; and providing other matters properly relating thereto.
Senator O’Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 267—AN ACT relating to license plates; providing for the remanufacturing of certain license plates under certain circumstances; and providing other matters properly relating thereto.
Senator O’Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 268—AN ACT relating to abandoned vehicles; making changes concerning the appraisal of an abandoned vehicle; and providing other matters properly relating thereto.
Senator O’Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 269—AN ACT relating to motor vehicles; exempting older motor vehicles from the provisions governing the control of emissions from motor vehicles; and providing other matters properly relating thereto.
Senator O’Donnell moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By Senator Porter:
Senate Bill No. 270—AN ACT making an appropriation to the Interim Finance Committee for allocation to certain public broadcasting system stations to convert to digital television as required by the Federal Communications Commission; and providing other matters properly relating thereto.
Senator Porter moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Titus:
Senate Bill No. 271—AN ACT relating to community antenna television companies; requiring such companies to provide a public access channel in certain areas; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 20.
Senator Washington moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 83.
Senator Washington moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 85.
Senator Washington moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 132.
Senator Rhoads moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 275.
Senator Washington moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 14.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 51.
Amend section 1, pages 1 and 2, by deleting lines 3 through 19 on page 1 and lines 1 through 4 on page 2 and inserting:
“1. The governing body of a city or county whose population is 100,000 or more may lend securities from its investment portfolio if:
(a) The investment portfolio has a value of at least $100,000,000;
(b) The treasurer of the city or county:
(1) Establishes a policy for investment that includes provisions which set forth the procedures to be used to lend securities pursuant to this section; and
(2) Submits the policy established pursuant to subparagraph (1) to the city or county manager and prepares and submits to the city or county manager a monthly report that sets forth the securities that have been lent pursuant to this section and any other information relating thereto, including, without limitation, the terms of each agreement for the lending of those securities; and
(c) The governing body receives collateral from the borrower in the form of cash or marketable securities that are:
(1) Authorized pursuant to NRS 355.170, if the collateral is in the form of marketable securities; and
(2) At least 102 percent of the value of the securities borrowed.
2. The governing body of a city or county may enter into such contracts as are necessary to extend and manage loans pursuant to this section.
3. Any investments made with collateral received pursuant to subsection 1 must mature not later than 90 days after the date on which the securities are lent.”.
Amend sec. 2, page 2, line 20, by deleting “equal to” and inserting: “102 percent of”.
Amend the bill as a whole by deleting sections 4 through 6 and renumbering sections 7 and 8 as sections 4 and 5.
Amend sec. 7, page 4, line 20, by deleting “equal to” and inserting: “102 percent of”.
Amend sec. 8, page 4, line 29, by deleting “equal to” and inserting: “102 percent of”.
Senator Care moved the adoption of the amendment.
Remarks by Senator Care.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 81.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 16.
Amend sec. 2, page 2, line 17, by deleting “by regulation”.
Amend the title of the bill, third line, by deleting: “adopt certain regulations;” and inserting: “designate restricted highways which are susceptible to severe damage if traveled upon at certain times of the year in violation of such a limitation;”.
Senator O’Donnell moved the adoption of the amendment.
Remarks by Senator O’Donnell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 105.
Bill read second time and ordered to third reading.
Senate Bill No. 106.
Bill read second time and ordered to third reading.
Senate Bill No. 139.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 47.
Amend the bill as a whole by renumbering sections 1 and 2 as sections 3 and 4 and adding new sections designated as sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. Chapter 333 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The chief may donate commodities, supplies, materials and equipment that he determines have reached the end of their useful lives to any organization described in NRS 372.3261.
2. If the chief donates such commodities to a tax-supported or nonprofit school or other health or educational institution pursuant to subsection 1, the provisions of subsection 2 of NRS 333.124 do not apply.
Sec. 2. NRS 333.124 is hereby amended to read as follows:
333.124 1. The donated commodities account is hereby created in the state general fund for the use of the chief in acquiring commodities donated by the Federal Government and its agencies and to purchase and distribute nutritious food in accordance with NRS 333.225.
2. [If] Except as otherwise provided in section 1 of this act, if a tax-supported or nonprofit school or other health or educational institution receives a donated commodity secured through the purchasing division, the chief shall charge the school or institution a fee in an amount sufficient to repay part or all of the cost of transportation and other costs incurred in acquiring the commodity.
3. All money received by the chief pursuant to this section must be deposited in the state treasury for credit to the donated commodities account. The interest and income earned on the money in the account must be credited to the account.
4. Costs of freight, storage, handling charges and other administrative expenses, including compensation of purchasing division personnel, incidental to the acquisition of the donated commodities and the administration of the supplemental food program may be paid from the donated commodities account.”.
Amend sec. 2, page 2, line 13, by deleting: “on July 1, 1999.” and inserting: “upon passage and approval.”.
Senator O’Connell moved the adoption of the amendment.
Remarks by Senator O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 149.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 24.
Amend the bill as a whole by deleting sections 1 and 2 and adding new sections designated sections 1 through 9, following the enacting clause, to read as follows:
“Section 1. Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, an offender who is sentenced to prison for a crime committed on or after the effective date of this act, who has no serious infraction of the regulations of the department, the terms and conditions of his residential confinement or the laws of the state recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, must be allowed:
(a) For the period he is actually incarcerated pursuant to his sentence; and
(b) For the period he is in residential confinement,
a deduction of 10 days from his sentence for each month he serves.
2. If an offender commits any infraction and, after receiving or waiving the right to receive a disciplinary hearing concerning the infraction, the offender is ordered to serve 1 or more days of his sentence in disciplinary segregation, disciplinary detention or austere housing because of the infraction:
(a) Any deduction from the sentence of the offender that otherwise would have been allowed pursuant to subsection 1 must be reduced by 1 day for each day or portion of a day in the month that the offender serves his sentence in disciplinary segregation, disciplinary detention or austere housing because of the infraction; and
(b) Any reduction pursuant to paragraph (a) must not exceed 10 days for each such month.
3. In addition to the credits allowed pursuant to subsection 1, the director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning his first associate degree, 90 days.
4. The director may, in his discretion, authorize an offender to receive a maximum of 90 days of credit for each additional degree of higher education earned by the offender.
5. The director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, conservation camp, program of work release or another program conducted outside of the prison. Except as otherwise provided in subsection 2, an offender who earns credit pursuant to this subsection is eligible to earn the entire 20 days of credit each month that is allowed pursuant to subsections 1 and 3.
6. The director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.
7. The board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
8. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence; and
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence that must be served before a person becomes eligible for parole.
Sec. 2. NRS 209.432 is hereby amended to read as follows:
1. “Offender” includes a person who is convicted of a felony under the laws of this state and sentenced, ordered or otherwise assigned to serve a term of residential confinement.
2. “Residential confinement” means the confinement of a person convicted of a felony to his place of residence under the terms and conditions established pursuant to specific statute. The term does not include any confinement ordered pursuant to NRS 176A.530 to 176A.560, inclusive, 176A.660 to 176A.690, inclusive, 213.15105, 213.15193 or 213.152 to 213.1528, inclusive.
Sec. 3. NRS 209.4465 is hereby amended to read as follows:
(a) For the period he is actually incarcerated pursuant to his sentence; and
(b) For the period he is in residential confinement,
a deduction of 10 days from his sentence for each month he serves.
2. In addition to the credits allowed pursuant to subsection 1, the director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning his first associate degree, 90 days.
3. The director may, in his discretion, authorize an offender to receive a maximum of 90 days of credit for each additional degree of higher education earned by the offender.
4. The director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is eligible to earn the entire 20 days of credit each month that is allowed pursuant to subsections 1 and 2.
5. The director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.
6. The board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
7. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence; and
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence that must be served before a person becomes eligible for parole.
Sec. 4. NRS 209.447 is hereby amended to read as follows:
2. An offender who is sentenced after June 30, 1991, for a crime committed on or after July 1, 1985, and who is released on parole for a term less than life must, if he has no serious infraction of the terms and conditions of his parole or the laws of this state recorded against him, be allowed for the period he is actually on parole a deduction of 10 days from his sentence for each month he serves.
3. An offender is entitled to the deductions authorized by this section only if he satisfies the conditions of subsection 1 or 2, as determined by the director. The chief parole and probation officer or other person responsible for the supervision of an offender shall report to the director the failure of an offender to satisfy those conditions.
4. Credits earned pursuant to this section must, in addition to any credits earned pursuant to NRS 209.443, 209.446, 209.4465, 209.448 [and] or 209.449, or section 1 of this act, be deducted from the maximum term imposed by the sentence.
5. The director shall maintain records of the credits to which each offender is entitled pursuant to this section.
Sec. 5. NRS 209.448 is hereby amended to read as follows:
2. The provisions of this section apply to any offender who is sentenced on or after October 1, 1991.
Sec. 6. NRS 209.449 is hereby amended to read as follows:
Sec. 7. Chapter 212 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 9, a prisoner who is in lawful custody or confinement, other than residential confinement, shall not knowingly:
(a) Store or stockpile any human excrement or bodily fluid;
(b) Sell, supply or provide any human excrement or bodily fluid to any other person;
(c) Buy, receive or acquire any human excrement or bodily fluid from any other person; or
(d) Use, propel, discharge, spread or conceal, or cause to be used, propelled, discharged, spread or concealed, any human excrement or bodily fluid:
(1) With the intent to have the excrement or bodily fluid come into physical contact with any portion of the body of an officer or employee of a prison or any other person, whether or not such physical contact actually occurs; or
(2) Under circumstances in which the excrement or bodily fluid is reasonably likely to come into physical contact with any portion of the body of an officer or employee of a prison or any other person, whether or not such physical contact actually occurs.
2. Except as otherwise provided in subsection 3, if a prisoner violates any provision of subsection 1, the prisoner is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
3. If a prisoner violates any provision of paragraph (d) of subsection 1 and a communicable disease that causes or is reasonably likely to cause substantial bodily harm was transmitted to a victim as a result of the offense or was contained in the excrement or bodily fluid involved in the offense, whether or not the communicable disease was transmitted to a victim as a result of the offense, the prisoner is guilty of a category A felony and shall be punished by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served,
and may be further punished by a fine of not more than $50,000.
4. A sentence imposed upon a prisoner pursuant to subsection 2 or 3:
(a) Is not subject to suspension or the granting of probation; and
(b) Must run consecutively after the prisoner has served any sentences imposed upon him for the offense or offenses for which the prisoner was in lawful custody or confinement when he violated the provisions of subsection 1.
5. In addition to any other penalty, the court shall order a prisoner who violates any provision of paragraph (d) of subsection 1 to reimburse the appropriate person or governmental body for the cost of any examinations or testing:
(a) Conducted pursuant to paragraphs (a) and (b) of subsection 7; or
(b) Paid for pursuant to subparagraph (2) of paragraph (c) of subsection 7.
6. The warden, sheriff, administrator or other person responsible for administering a prison shall immediately and fully investigate any act described in subsection 1 that is reported or suspected to have been committed in the prison.
7. If there is probable cause to believe that an act described in paragraph (d) of subsection 1 has been committed in a prison:
(a) Each prisoner believed to have committed the act or to have been the bodily source of any portion of the excrement or bodily fluid involved in the act must submit to any appropriate examinations and testing to determine whether each such prisoner has any communicable disease.
(b) If possible, a sample of the excrement or bodily fluid involved in the act must be recovered and tested to determine whether any communicable disease is present in the excrement or bodily fluid.
(c) If the excrement or bodily fluid involved in the act came into physical contact with any portion of the body of an officer or employee of a prison or any other person:
(1) The results of any examinations or testing conducted pursuant to paragraphs (a) and (b) must be provided to each such officer, employee or other person; and
(2) For each such officer or employee, the person or governmental body operating the prison where the act was committed shall pay for any appropriate examinations and testing requested by the officer or employee to determine whether a communicable disease was transmitted to him as a result of the act.
(d) The results of the investigation conducted pursuant to subsection 6 and the results of any examinations or testing conducted pursuant to paragraphs (a) and (b) must be submitted to the district attorney of the county in which the act was committed or to the office of the attorney general for possible prosecution of each prisoner who committed the act.
8. If a prisoner is charged with committing an act described in paragraph (d) of subsection 1 and a victim or an intended victim of the act was an officer or employee of a prison, the prosecuting attorney shall not dismiss the charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial.
9. The provisions of this section do not apply to a prisoner who commits an act described in subsection 1 if the act:
(a) Is otherwise lawful and is authorized by the warden, sheriff, administrator or other person responsible for administering the prison, or his designee, and the prisoner performs the act in accordance with the directions or instructions given to him by that person;
(b) Involves the discharge of human excrement or bodily fluid directly from the body of the prisoner and the discharge is the direct result of a temporary or permanent injury, disease or medical condition afflicting the prisoner that prevents the prisoner from having physical control over the discharge of his own excrement or bodily fluid; or
(c) Constitutes voluntary sexual conduct with another person in violation of the provisions of NRS 212.187.
Sec. 8. The amendatory provisions of section 7 of this act do not apply to offenses committed before the effective date of this act.
Sec. 9. This act becomes effective upon passage and approval.”.
Amend the title of the bill to read as follows:
“AN ACT relating to prisoners; revising the provisions governing the allowance of credits against the sentence of certain prisoners; making it unlawful for prisoners to commit certain acts involving human excrement or bodily fluid; requiring that prisoners who commit certain acts involving human excrement or bodily fluid be tested for communicable diseases; providing penalties; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning prisoners. (BDR 16-512)”.
Senator James moved the adoption of the amendment.
Remarks by Senators James and Neal.
Senator James moved that Senate Bill No. 149 be taken from the Second Reading File and placed on the Secretary's desk.
Remarks by Senator James.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Senate Bills Nos. 50, 51, 129, 160; Senate Joint Resolution No. 11 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Raggio.
Motion carried.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Bob Johnston and Gaye Johnston.
Senator Raggio moved that the Senate adjourn until Monday, March 1, 1999 at 10:30 a.m.
Motion carried.
Senate adjourned at 11:35 a.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas