THE THIRTY-FIRST DAY
Carson City(Wednesday), March 3, 1999
Senate called to order at 11:09 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present.
Prayer by the Chaplain, Al Fry.
These Senators have gathered again to deliberate the issues confronting the people of the State of Nevada. May each woman and man know that You are the source for their wisdom. May they know and experience deep within themselves Your love and grace and mercy. We pray that they would feel a sense of accomplishment. May they also know that they are appreciated for their work. May each and every one know their uniqueness and specialness. Fill them with strength, honor, dignity and peace. We thank You for their commitment and integrity.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President pro Tempore and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. President pro Tempore:
Your Committee on Commerce and Labor, to which were referred Senate Bills Nos. 39, 241, 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 Senate Bill No. 56, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Randolph J. Townsend, Chairman
Mr. President pro Tempore:
Your Committee on Natural Resources, to which was referred Senate Bill No. 243, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and place on Consent Calendar.
Dean A. Rhoads, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, March 1, 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. 254, 255.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 120.
Susan Furlong Reil
Assembly Chamber, Carson City, March 2, 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. 100, 166.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bill No. 53.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 22.
Susan Furlong Reil
COMMUNICATIONS FROM STATE OFFICERS
House of Representatives
Washington, D.C. 20515-2801
February 19, 1999
The Honorable William J. Raggio, Senate Majority Leader, State of Nevada Senate
401 South Carson Street, Carson City, NV 89701
Dear Senator Raggio:
I respectfully request the opportunity to address a joint session of the Nevada State Legislature on Monday, March 15th, 1999 at 5:00 p.m. Please direct any inquiries or concerns to Jan Churchill in my office at (702) 220-9823.
Thank you for your assistance. I look forward to seeing you.
Sincerely,
Shelley Berkley
Member of Congress
MOTIONS, RESOLUTIONS AND NOTICES
Senator Neal moved that Senate Bill No. 106 be taken from the Secretary’s desk and placed on the General File.
Remarks by Senator Neal.
Motion carried.
By Senators Washington, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend and Wiener:
Senate Concurrent Resolution No. 17—Commending the Truckee Meadows Law Enforcement Chaplaincy Program for its dedicated service and support to various law enforcement agencies in the Truckee Meadows and to the residents of Nevada.
WHEREAS, The Truckee Meadows Law Enforcement Chaplaincy Program is a nonprofit corporation supported by private donations that is dedicated to providing assistance to local law enforcement agencies and the residents of Nevada with various tasks, including, responding to emergencies, counseling, pastoral services and other means of support; and
WHEREAS, Before being certified as a member of the program, local chaplains and ministers must complete a comprehensive 140-hour training program at a Law Enforcement Chaplain Academy that provides training related to law enforcement as well as training in chaplain ministry skills including critical incident stress, death notifications, post-trauma syndrome and officer burn-out; and
WHEREAS, Since the inaugural class of the first Law Enforcement Chaplain Academy in Nevada graduated in 1996, the members of the Truckee Meadows Law Enforcement Chaplaincy have provided thousands of hours of service to local law enforcement agencies and to the residents of Nevada; and
WHEREAS, During the flood of 1997, the Truckee Meadows Law Enforcement Chaplaincy provided over 310 hours of invaluable service by assisting law enforcement officers in emergency response and by providing food, shelter and counseling for flood victims; and
WHEREAS, At the Sierra Chemical plant explosion in January 1998, the Truckee Meadows Law Enforcement Chaplaincy were the first emergency response service on the scene, immediately assessing the need for law enforcement personnel, fire service personnel and emergency medical service, and in addition provided 7 days and more than 200 hours of assistance by providing food, shelter and counseling to families and victims of the tragedy; and
WHEREAS, The Truckee Meadows Law Enforcement Chaplaincy also provided emergency response services in other times of crisis in the Truckee Meadows, such as the plane crash at Pine Middle School, the propane truck explosion in the vicinity of McCarran Boulevard and Mayberry Street, the gasoline tanker accident at McCarran Boulevard and Pembroke Street, and at the tour bus accident on Interstate Highway No. 80; and
WHEREAS, In addition to emergency response services, the Truckee Meadows Law Enforcement Chaplaincy provides extensive nonemergency services, such as funerals, weddings of law enforcement personnel, and counseling of law enforcement personnel and civilians.
WHEREAS, In 1998 the 12-member staff of the Truckee Meadows Law Enforcement Chaplaincy invested over 5,400 hours of total service to law enforcement agencies and the residents of Nevada; and
WHEREAS, In its short existence, the Truckee Meadows Law Enforcement Chaplaincy has become an invaluable service and integral part of the community in the Truckee Meadows area; now, therefore, be it
RESOLVED BY THE SENATE OF THE STATE OF NEVADA, THE ASSEMBLY CONCURRING, That the members of the 70th Session of the Nevada Legislature do hereby commend the Truckee Meadows Law Enforcement Chaplaincy for its extensive service and dedication to law enforcement agencies and to the community at large in the Truckee Meadows area; and be it further
RESOLVED, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Senior Chaplain of the Truckee Meadows Law Enforcement Chaplaincy, Chaplain Tim O’Shea.
Senator Washington moved the adoption of the resolution.
Remarks by Senator Washington.
Senator Washington requested that his remarks be entered in the Journal.
In 1995, then Reno Chief of Police Jim Weston and Washoe County Sheriff Richard Kirkland asked a few local pastors and ministers to form a Chaplaincy Program for Law Enforcement.
In November of 1996, 17 local pastors and ministers were graduated from the first ever Law Enforcement Chaplain Academy in the State of Nevada and were appointed as Law Enforcement Chaplains.
The Chaplaincy receives no financial support from the governmental agencies they serve.
The Chaplaincy program is supported by private donors, foundations, grants, local church support and from a new program in which employees who desire to assist may use a payroll deduction plan. The Chaplaincy Program is a United Way “Designated Agency” meaning that individuals may contribute to the Chaplaincy Program by “writing in” the Truckee Meadows Law Enforcement Chaplaincy Program in the designated agency area of the form.
The Chaplaincy Program currently has a staff of 12 chaplains. Of these 12, two are female, two are bilingual, representing eight different denominations. This truly represents a cross section of the community.
The Chaplaincy Program operates a Law Enforcement Chaplain Academy annually, in which they train chaplain candidates for service in the Truckee Meadows to train additional chaplains. This academy has also provided training for chaplain candidates for other local agencies such as the Douglas County Sheriff’s Office.
The Chaplaincy Program also operates in partnership with the Coalition of Police Spouses a Law Enforcement Spouses Academy in which they educate the spouses of law enforcement of the stresses and rigors of being a law enforcement officer.
Each Chaplain candidate is required to complete a 140-hour Law Enforcement Chaplain Academy prior to appointment as a Law Enforcement Chaplain, which may include:
Ministry Skills:
· Stress Management Skills
· Death Notifications
· Post Trauma Syndrome
· Officer Burn-out
· Legal Liabilities
· Confidentiality
· Ethics
· Critical Incident Stress
· Substance Abuse
· Suicide
· Officer Injury or Death
· Cultural Diversity
Law Enforcement Related Training:
· Officer Safety Skills
· Firearms Familiarization
· Weaponless Defense
· Legal Liabilities
· Hostage Negotiations Skills
· Gang Related Training
· First Aid
· Blood Borne Pathogens
· Jail Operations
· Sexual Assault and Abuse
· Patrol Ride Along Procedures
· SWAT Team Operations
Chaplains undergo four hours monthly training on related subjects. Many chaplains undergo 40 plus hours of regional and national training annually.
Line Of Duty Deaths:
Deputy Frank Minnie............................................. Washoe County Sheriff
Special Agent Tony Minetto......... Immigration and Naturalization Service
Sergeant George Sullivan................................. University of Nevada Police
Disasters:
Reno Flood of 1997
Sierra Chemical Explosion—January 1998
Plane Crash at Pine Middle School
Propane Truck Explosion—1998
Gasoline Tanker Accident—1998
Tour Bus Crash Kills Two
Chaplains in 1998 invested over 5400 hours of service to Law Enforcement and the Community.
Formal Relationships:
· Reno Police Department
· Washoe County Sheriff’s Office
· Nevada Highway Patrol
· Public Safety Dispatch Center
· Washoe County Coroners Office
Informal Relationships:
· Washoe County District Attorney’s Office
· University of Nevada Police
· Airport Police
· Pyramid Lake Tribal Police
· REMSA
Mr. President pro Tempore, it is my honor and privilege to be a part of this association. When they were first formed, I received a letter asking if I would be willing to serve in the Chaplaincy Program. I accepted, but after going halfway through the program, I realized that time would not permit me to complete the course. I want you to know, however, that the men and women who serve on the Truckee Meadows Chaplaincy Program are dedicated men and women who support our law enforcement agencies with a great deal of effort. We appreciate their service and efforts toward our community.
Resolution adopted.
Senator Washington moved that all rules be suspended and that Senate Concurrent Resolution No. 17 be immediately transmitted to the Assembly.
Motion carried unanimously.
Assembly Concurrent Resolution No. 22—Recognizing March 2, 1999, as “Read Across America” Day in Nevada in commemoration of Dr. Seuss’s birthday.
WHEREAS, Theodor Seuss Geisel was born on March 2, 1904, in Springfield, Massachusetts; and
WHEREAS, Theodor Seuss Geisel graduated from Dartmouth College in 1925 and began writing humorous articles and creating cartoons for various magazines; and
WHEREAS, His first children’s book, And to Think That I Saw It on Mulberry Street, was rejected by 43 publishers until, in 1937, a friend published the book for him; and
WHEREAS, In May of 1954, Life magazine published a report concerning illiteracy among school children, stating that, among other things, children were having trouble learning to read because the books were boring; and
WHEREAS, This comment inspired Theodor Seuss Geisel’s publisher, Bennett Cerf, to compile a list of 400 words that he felt were important, asking Mr. Geisel to cut the list to 250 words, the amount of words a first grader could absorb, and using only those words to write a book that would excite children; and
WHEREAS, Nine months later, Mr. Geisel, using 220 of the words given to him, published The Cat in the Hat, which became an instant success; and
WHEREAS, Later in 1960, Bennett Cerf bet Mr. Geisel $50 that he couldn’t write an entire book using only 50 words and from that challenge came the famous children’s book, Green Eggs and Ham, which also became an instant success; and
WHEREAS, From that point on, Theodor Seuss Geisel became known as “Dr. Seuss,” and children became enthused about reading every Dr. Seuss book available; and
WHEREAS, Dr. Seuss died on September 24, 1991, but his legacy of children’s books will live forever as an inspiration to children everywhere to learn to read and to share in the laughter, enjoyment and knowledge that a book can provide; and
WHEREAS, In honor of Dr. Seuss and the joy of reading, the National Education Association has designated March 2, 1999, as “Read Across America” day and has called upon every child to read with a caring adult on this day in honor of what would have been Dr. Seuss’s 95th birthday; now, therefore, be it
RESOLVED BY THE ASSEMBLY OF THE STATE OF NEVADA, THE SENATE CONCURRING, That March 2, 1999, is hereby recognized as “Read Across America” Day in Nevada in commemoration of Dr. Seuss’s birthday; and be it further
RESOLVED, That children and adults are encouraged to read a favorite book together on this date to share the joy of reading; and be it further
RESOLVED, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Elaine Lancaster, President of the Nevada State Education Association, and Ken Lange, Executive Director of the Nevada State Education Association.
Senator Titus moved the adoption of the resolution.
Remarks by Senator Titus.
Resolution adopted.
Senator James moved that Senate Bill No. 149 be taken from the Secretary’s desk and placed on the General File.
Remarks by Senator James.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Senator Washington:
Senate Bill No. 288—AN ACT relating to services for children; requiring, in skeleton form, certain counties to provide the services required by a plan for the permanent placement of a child in need of protective services; requiring the agency acting as custodian of the child to reimburse the county for those services; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Washington:
Senate Bill No. 289—AN ACT relating to public schools; clarifying the provision regarding the prohibition of nonsecular activities in the public schools; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By Senator Neal:
Senate Bill No. 290—AN ACT relating to insurance; authorizing in skeleton form the state industrial insurance system to transact life insurance, motor vehicle insurance and property insurance that provides coverage against loss or damage to a home; and providing other matters properly relating thereto.
Senator Neal moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Jacobsen (by request):
Senate Bill No. 291—AN ACT relating to water; clarifying the authorized extent of use of water from a domestic well; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By Senator Rhoads:
Senate Bill No. 292—AN ACT relating to the state militia; authorizing an increase in the reimbursement for certain educational expenses of the members of the active Nevada National Guard; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 293—AN ACT relating to controlled substances; authorizing the board of trustees of a school district to consider the discharge and dismissal of criminal proceedings against certain persons placed on probation for committing crimes related to the possession, use or distribution of controlled substances in order to determine their suitability and qualifications for employment; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 294—AN ACT making an appropriation to the University of Nevada School of Medicine for the expansion of the Pediatric Diabetes and Endocrinology Center; and providing other matters properly relating thereto.
Senator O’Connell moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 295—AN ACT relating to insurance; requiring certain policies of health insurance to provide coverage for the diagnosis and treatment of infertility; providing a penalty; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 296—AN ACT relating to transportation; providing for certain deregulation of tow cars, buses, and common motor carriers that are not carriers of household goods; transferring the responsibility for the administration of certain provisions relating to liability insurance from the transportation services authority to the department of motor vehicles and public safety; and providing other matters properly relating thereto.
Senator O’Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Senator Titus:
Senate Bill No. 297—AN ACT relating to crimes; prohibiting hazing at colleges and universities in this state; providing a penalty; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Titus:
Senate Bill No. 298—AN ACT making an appropriation to the Department of Museums, Library and Arts for the continuation of the Nevada Humanities Committee Office in southern Nevada; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Mathews and Assemblyman Anderson:
Senate Bill No. 299—AN ACT relating to the public employees’ retirement system; reducing the number of years of service required for the retirement of a police officer or fireman; and providing other matters properly relating thereto.
Senator Mathews moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 300—AN ACT relating to vehicles; revising provisions governing the removal and disposition of abandoned vehicles; 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. 301—AN ACT relating to highways; providing for the prompt payment of subcontractors for the construction and improvement of highways; and providing other matters properly relating thereto.
Senator O’Donnell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 302—AN ACT relating to gates that provide access to public highways; requiring an audible alarm on certain gates; and providing other matters properly relating thereto.
Senator O’Donnell moved that Senate Standing Rule No. 40 be suspended and that the bill be referred to the Committee on Transportation.
Remarks by Senator O’Donnell.
Motion carried.
By the Committee on Finance:
Senate Bill No. 303—AN ACT relating to state financial administration; revising the provisions governing the National College of Juvenile and Family Law Endowment; making an appropriation; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 304—AN ACT relating to state financial administration; revising the provisions governing the fund for the National Judicial College; making an appropriation; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 305—AN ACT making appropriations to the Department of Administration for the completion of Phase III and for the continued development of the Integrated Financial Management System; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 306—AN ACT making an appropriation to Elko County for improvements to the Jarbidge water system that are required for compliance with state and federal requirements; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 307—AN ACT making an appropriation to the Humboldt River Basin Water Authority for a study of water management opportunities within the Humboldt River Basin; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 308—AN ACT making an appropriation to the Department of Museums, Library and Arts for the remodeling of the Boulder City Railroad Museum; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senators Rawson, Titus, James, Neal, Schneider; Assemblywomen Giunchigliani and Buckley:
Senate Bill No. 309—AN ACT relating to state obligations; providing for the establishment of a program for the issuance of state obligations to provide venture capital for the development of business in this state; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senators Rhoads, McGinness, Jacobsen and Amodei:
Senate Bill No. 310—AN ACT relating to livestock; creating the rangeland resources commission; providing for its membership; prescribing its powers and duties; imposing a fee for each animal unit month used by a cow or sheep on grazing lands under certain circumstances; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 53.
Senator Raggio moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 100.
Senator O’Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 120.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 166.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 254.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 255.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Rawson moved that the motion whereby Senate Bill No. 309 was referred to the Committee on Finance be rescinded.
Remarks by Senator Rawson.
Motion carried.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Remarks by Senator Rawson.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 49.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 29.
Amend the bill as a whole by renumbering sections 1 and 2 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 388.795 is hereby amended to read as follows:
(a) Plans that have been adopted by the department and the school districts in this state;
(b) Plans that have been adopted in other states ; [, including, but not limited to, the Iowa Communications Network;]
(c) The information submitted to the commission by the board of trustees of each school district pursuant to subsection 2 of NRS 385.351; and
(d) Any other information that the commission or the committee deems relevant to the preparation of the plan.
2. The plan established by the commission must include recommendations for methods to:
(a) Incorporate educational technology into the public schools of this state;
(b) Increase the number of pupils in the public schools of this state who have access to educational technology;
(c) Increase the availability of educational technology to assist licensed teachers and other educational personnel in complying with the requirements of continuing education, including, but not limited to, the receipt of credit for college courses completed through the use of educational technology;
(d) Facilitate the exchange of ideas to improve the achievement of pupils who are enrolled in the public schools of this state; and
(e) Address the needs of teachers in incorporating the use of educational technology in the classroom, including, but not limited to, the completion of training that is sufficient to enable the teachers to instruct pupils in the use of educational technology.
3. The department shall provide:
(a) Administrative support;
(b) Equipment; and
(c) Office space,
as is necessary for the commission to carry out the provisions of this section.
4. The following entities shall cooperate with the commission in carrying out the provisions of this section:
(a) The state board.
(b) The board of trustees of each school district.
(c) The superintendent of schools of each school district.
(d) The department.
5. The commission shall:
(a) Develop technical standards for educational technology and any electrical or structural appurtenances necessary thereto, including, without limitation, uniform specifications for computer hardware and wiring, to ensure that such technology is compatible, uniform and can be interconnected throughout the public schools of this state.
(b) Allocate money to the school districts from the trust fund for educational technology created pursuant to NRS 388.800 and any money appropriated by the legislature for educational technology, subject to any priorities for such allocation established by the legislature.
(c) Establish criteria for the board of trustees of a school district that receives an allocation of money from the commission to:
(1) Repair, replace and maintain computer systems.
(2) Upgrade and improve computer hardware and software and other educational technology.
(3) Provide training, installation and technical support related to the use of educational technology within the district.
(d) Submit to the governor, the committee and the department its plan for the use of educational technology in the public schools of this state and any recommendations for legislation.
(e) Review the plan annually and make revisions as it deems necessary or as directed by the committee or the department.
(f) In addition to the recommendations set forth in the plan pursuant to subsection 2, make further recommendations to the committee and the department as the commission deems necessary.
6. The commission may appoint an advisory committee composed of members of the commission or other qualified persons to provide recommendations to the commission regarding standards for the establishment, coordination and use of a telecommunications network in the public schools throughout the various school districts in this state. The advisory committee serves at the pleasure of the commission and without compensation unless an appropriation or other money for that purpose is provided by the legislature.
7. As used in this section, “public school” includes the Caliente youth center and the Nevada youth training center.”.
Amend section 1,
page 1, line 13, by deleting: “September 1, 1999,” and inserting: “[September
1, 1999,]
January 15, 2000,”.
Amend section 1,
page 2, line 12, by deleting: “November 1, 1999,” and inserting: “[November
1, 1999,]
January 15, 2000,”.
Amend section 1,
page 2, line 23, by deleting: “July 31, 1999.” and inserting: “[July
31, 1999.]
June 30, 2001.”.
Amend section 1,
page 3, line 12, by deleting “January 1,” and inserting: “[January
1,]
February 28,”.
Amend section 1, page 4, line 23, by deleting “includes” and inserting “means”.
Amend the title of the bill, first line, after “education;” by inserting: “authorizing the commission on educational technology to appoint an advisory committee to submit recommendations to the commission regarding the establishment, coordination and use of a telecommunications network in the public schools of this state;”.
Amend the summary of the bill by deleting the second line and inserting: “public schools and commission on educational technology. (BDR 34-863)”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 158.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 63.
Amend the bill as a whole by renumbering sections 1 and 2 as sections 4 and 5 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
“Section 1. Chapter 467 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 467.158, upon receipt of an application and the payment of a penalty prescribed by the commission, not to exceed $250,000, the commission may reinstate a revoked license.
2. In addition to the penalty required by subsection 1, the commission may require the applicant to:
(a) Pay the costs of the proceedings associated with the reinstatement of the license, including investigative costs and attorney’s fees; and
(b) Deposit with the commission such an amount of money as the commission deems necessary to pay for those costs. If any amount required to be deposited pursuant to this paragraph exceeds the actual cost of the proceedings, including investigative costs and attorney’s fees, the commission shall refund the excess amount to the applicant upon the completion of the proceedings.
Sec. 2. NRS 467.100 is hereby amended to read as follows:
2. The commission shall fix a uniform scale of license fees.
3. In addition to the license fees required by subsection 2, the commission may require an applicant for a license to:
(a) Pay the costs of the proceedings associated with the issuance of the license, including investigative costs and attorney’s fees; and
(b) Deposit with the commission such an amount of money as the commission deems necessary to pay for those costs. If any amount required to be deposited pursuant to this paragraph exceeds the actual cost of the proceedings, including investigative costs and attorney’s fees, the commission shall refund the excess amount to the applicant upon the completion of the proceedings.
4. It is a violation of this chapter for any person to participate, directly or indirectly, as stated in subsection 1, unless he has been granted a license therefor.
Sec. 3. NRS 467.158 is hereby amended to read as follows:
2.] If disciplinary action is taken against a person pursuant to this chapter and the disciplinary action does not relate to a contest or exhibition of unarmed combat as provided in subsection [3,] 2, the commission may, in lieu of revoking a license, prescribe a penalty not to exceed $250,000.
[3.] 2. If disciplinary action is taken against a person pursuant to this chapter, including, but not limited to, a hearing for the revocation of a license, and the disciplinary action relates to:
(a) The preparation for a contest or an exhibition of unarmed combat;
(b) The occurrence of a contest or an exhibition of unarmed combat; or
(c) Any other action taken in conjunction with a contest or an exhibition of unarmed combat,
the commission may prescribe a penalty pursuant to subsection [4.] 3.
[4.] 3. A penalty prescribed by the commission pursuant to subsection [3:] 2:
(a) Must not exceed $250,000 or 100 percent of the share of the purse to which the holder of the license is entitled for the contest or exhibition, whichever amount is greater; and
(b) May be imposed in addition to or in lieu of any other disciplinary action that is taken against the person by the commission.
[5. If a penalty is imposed pursuant to this section,]
4. If disciplinary action is taken against a person pursuant to this chapter, the commission may require the person against whom such action is taken to pay the costs of the proceeding, including investigative costs and attorney’s fees . [, may be recovered by the commission.]”.
Amend the title of the bill to read as follows:
“AN ACT relating to the Nevada athletic commission; authorizing the commission to recover certain costs associated with the issuance or reinstatement of a license; expanding the circumstances under which such costs may be recovered if disciplinary action is taken by the commission; making an appropriation; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Authorizes Nevada athletic commission to recover certain costs associated with issuance and reinstatement of licenses and disciplinary proceedings. (BDR 41‑1444)”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 62.
Bill read third time.
Remarks by Senators Care, Townsend, O’Connell, Rawson, Neal, James, Mathews and Coffin.
Senator Townsend disclosed that he is on the board of directors of a bank.
Senator O’Connell disclosed that her husband is an officer of a bank.
Conflict of interest declared by Senators Mathews and Coffin.
Roll call on Senate Bill No. 62:
Yeas—17.
Nays—Neal.
Not Voting—Coffin, Mathews, Raggio—3.
Senate Bill No. 62 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 146.
Bill read third time.
Remarks by Senators Titus, Neal and James.
Roll call on Senate Bill No. 146:
Yeas—20.
Nays—None.
Not Voting—Neal.
Senate Bill No. 146 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 149.
Bill read third time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 82.
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, at the time of the offense, the prisoner knew that any portion of the excrement or bodily fluid involved in the offense contained a communicable disease that causes or is reasonably likely to cause substantial bodily harm, 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 Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 153.
Bill read third time.
Remarks by Senators O’Donnell, Neal and Titus.
Roll call on Senate Bill No. 153:
Yeas—21.
Nays—None.
Senate Bill No. 153 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 106.
Bill read third time.
Remarks by Senator Neal.
Roll call on Senate Bill No. 106:
Yeas—21.
Nays—None.
Senate Bill No. 106 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to Doris Turkington, President of the Republican Women’s Club and the following members: Marie Aguirre, Bob Allgeier, Donna Allgeier, Theresa Annas, Maggie Benz, Jack Brightwell, Marilyn Brightwell, Fran Calahan, Lois Carty, Rick Carty, Mary Christ, Vic Christ, Jeanie Christianson, Judy Conrad, Mary Lou Corp, Mike Coleman, Kay Dupuis, Del Durboraw, Connie Elvik, Rosemary Gatewood, Grady Goodwin, Norma Goodwin, Milly Griffin, Bernadine Hamzik, Rich Hamzik, Lorene Hanford, Pete Hanford, Chuck Harris, Lillian Heckers, Dick Heckl, Lou Heckl, Ann Hersey, Fred Hersey, Ernie Hohndorf, Liz Hohndorf, Su Kemper, Louise Lajti, Paul Lajti, Hobart Lohmann, Fran Lohmann, Kay Oetting, Mike Oetting, Cheri Owen, Lorrene Palmer, Brenda Robertson, Cindi Seligman, Barbara Smallwood, Shaaron Snead, Jean Tomlinson, Elza Turkington, Mark Tarvainen, Toni Markle, Dorothy Webster, Jack Webster, Nancy Rosasco, Virginia Henningsen and Jeanne Brown.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Elaine Lancaster, Edythe Katz Yarchever and Scott Dockswell.
On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to the following Chaplains, Chuck Sances, Clarence Holmes, Salvador Fernandez, Paul L. Crooks and Tim O’Shea.
Senator Raggio moved that the Senate adjourn until Thursday, March 4, 1999 at 11 a.m.
Motion carried.
Senate adjourned at 12:39 p.m.
Approved: Lawrence E. Jacobsen
President pro Tempore of the Senate
Attest: Janice L. Thomas