THE NINETY-NINTH DAY
Carson City(Monday), May 10, 1999
Senate called to order at 11:27 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Louis Locke.
Lord, as we gather this morning we give You praise, for You are good; Your mercy is everlasting, and Your truth endures to all generations. (Psalms 100:5)
May the people of Nevada benefit because of the wisdom and understanding You give to our legislators in their deliberations and decisions.
Bless the men and women of this Senate, their staff and families.
In the name of the Most High God, we pray.
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 Finance, to which were referred Senate Bills Nos. 245, 292; Assembly Bills Nos. 150, 416, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
William J. Raggio, Chairman
Mr. President pro Tempore:
Your Committee on Human Resources and Facilities, to which was referred Assembly Joint Resolution No. 15, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Raymond D. Rawson, Chairman
Mr. President pro Tempore:
Your Committee on Judiciary, to which was referred Assembly Bill No. 409, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Mark A. James, Chairman
Mr. President pro Tempore:
Your Committee on Taxation, to which was referred Assembly Bill No. 471, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Mike McGinness, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 7, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 25, 27, 159, 218, 250, 351, 398, 412, 449, 454; Assembly Bills Nos. 341, 525.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 657, 674.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolutions Nos. 9, 41, 42; Assembly Concurrent Resolution No. 55.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 741 to Assembly Bill No. 229; Senate Amendment No. 635 to Assembly Bill No. 336; Senate Amendment No. 743 to Assembly Bill No. 545; Senate Amendment No. 719 to Assembly Bill No. 647; Senate Amendment No. 744 to Assembly Bill No. 648.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 177, Amendment No. 735; Senate Bill No. 241, Amendment No. 725, and respectfully requests your honorable body to concur in said amendments.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
By Senators Raggio, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington, Wiener; Assemblymen Dini, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams:
Senate Concurrent Resolution No. 43—Memorializing Nevada banking pioneer and community leader, Arthur M. Smith.
Whereas, Nevadans were deeply grieved to learn of the recent passing of Arthur M. “Art” Smith on April 3, 1999; and
Whereas, Arthur M. Smith was born in Providence, Utah, on May 2, 1922; and
Whereas, Art Smith grew up in Sparks and began his career as a home-delivery carrier for the Reno Evening Gazette during the Great Depression era of the 1930s and generously contributed his earnings to his family; and
Whereas, Art Smith graduated from Sparks High School in 1940 and, at the age of 19 years, began as a file clerk with the Sparks branch of First National Bank; and
Whereas, When the United States entered World War II in 1941, Art Smith, who had finished his first year at the University of Nevada, Reno, left school to serve his country as a torpedo plane pilot in the United States Navy; and
Whereas, After the war, Art Smith moved to Las Vegas where he began his banking career as a teller with the Bank of Nevada in Las Vegas, and within just 14 years, at the young age of 37 years, he became the president of the Bank of Nevada, the youngest chief executive of a major bank in America at that time; and
Whereas, Eight years later, Art Smith was appointed President of this state’s largest financial institution, First National Bank, and assumed the additional role of chairman in 1969; and
Whereas, Art Smith was highly respected nationally and assumed a leadership role with the American Bankers Association which comprised approximately 15,000 commercial banks; and
Whereas, Art Smith was one of five persons named by the United States Comptroller of the Currency to perform a continuing review of banking procedures and policies; and
Whereas, In 1967, Governor Paul Laxalt appointed Art Smith as a regent of the University of Nevada, and he also served as a regent of Santa Clara University in California; and
Whereas, In 1984, Art Smith retired as President and Chairman of First Interstate Bank of Nevada; and
Whereas, Until his death, Art Smith was a trustee of the William M. Keck and the Donald W. Reynolds foundations, two of the nation’s largest charitable organizations; and
Whereas, Art Smith served as Chairman of the Clark County Airport Board, the Reno-Sparks Chamber of Commerce and the United Way of Northern Nevada and the Sierra, as President of the Nevada Bankers Association and Western States Bankcard Association, on the Board of Directors for the John Deere Insurance Group and Circus Circus Enterprises, Inc., as Director for MasterCard International, Holiday Inn and Harrah’s Corporation and as a board member of the Western Asset Management, Southern Nevada Industrial Foundation, Mountain States Legal Foundation and Golden Nugget of Las Vegas; and
Whereas, Art Smith was also a trustee of Ducks Unlimited/Nevada, a member of the Prospectors Club, Kerak Shrine Temple, and the Las Vegas and Hidden Valley Country Clubs, a lay member of the board of Saint Mary’s Regional Medical Center and President of the Nevada Area Council of Boy Scouts of America and the University of Nevada Wolf Club; and
Whereas, Tom King, Director of the University of Nevada Oral History Program, interviewed Art Smith and in 1996 published a chronicle of his colorful life in the autobiography, Let’s Get Going; and
Whereas, Throughout his life, Art Smith was recognized for his remarkable civic and business achievements, but most important to him was his family as evidenced by his marriage to Charlotte Campbell, a union of love and friendship for 52 wonderful years; and
Whereas, Art Smith is survived by his wife, Charlotte, daughters, Barbara Smith Campbell of Reno and Deborah Smith Castello of Los Gatos, California, sons, Blake Smith and Arthur “Art” Smith III of Reno and 10 grandchildren; 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 offer their sincere condolences and heartfelt sympathy to the family and friends of Arthur M. “Art” Smith, a gracious man who left a rich legacy that will long be remembered by the residents of the State of Nevada; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Art Smith’s beloved wife, Charlotte.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio, Coffin and Jacobsen.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Raggio:
Thank you, Mr. President pro Tempore. On April 3 of this year the State of Nevada was shocked and saddened to learn of the death of Art Smith. We have had many resolutions read on the floor, but I would say that there are very few, if any, that mention as many achievements of a single individual as does this resolution honoring Art Smith. I would venture to guess that practically everyone on the floor of this Senate has at some point in his or her life had something to do with Art Smith or involved with something that Art Smith was a part of. He was a native Nevadan. In all the years that he lived in this State, he contributed greatly to the progress of this State. The resolution covers so many of his achievements and his participation. You will note that it was not in just one part of the State that he made a difference. He was one of the youngest persons to be named to be a president of a bank, first the Bank of Nevada, then ultimately, First National Bank. It was during the years following the era of Eddie Questa, who was his predecessor at the First National Bank, that Nevada grew from a rural state into an urban state in both the Reno area and in Las Vegas. Had it not been for people like Art Smith, you would not see the progress that exists today in this State.
I can’t say enough about the mark that people like Art Smith made in this State. The resorts, the hotels, the industry business that has grown and prospered in this State would not be here today except for the likes of Art Smith. It was during the years when financing was not available otherwise that people like Art Smith came forward. A lot of little businesses were allowed to begin, to prosper, and became the great industry and business sector of this State that we have today.
Many of us knew Art from his early years, and we called him “Snuffy.” Snuffy Smith was a nickname that he carried throughout his life. Art was a guy that was comfortable in any setting. He was comfortable whether you were out hunting or fishing. He could mingle with anybody. He could mingle with ranchers, miners and hold a conversation at the highest level in government or in business or in any profession. He was a participant through membership in many boards. I don’t think anybody served on as many boards as did Art Smith. At least three major hotel companies, two major foundations and on every charitable cause in every community endeavor, Art Smith was one of the leaders. Not only did he help the State to prosper, he also served as a member of the board of regents of two universities, the University of Nevada and the Santa Clara University.
He also raised a wonderful family. We are privileged to have them with us today. I could enlarge on these remarks but this resolution says it so well. He was a young guy who grew up in the Depression Era and lived to see Nevada change into one of the most prosperous, progressive states in the nation, and he was one of the most important figures in that change and that transition from those early days until the present. If anything has ever been accomplished in this State, whether it was in business, in education or government, Art Smith was part of it. We are very privileged to have had him with us for all those years and we are very privileged that we live in a state where he contributed so greatly to the heritage and the legacy of this State.
Senator Coffin:
Art Smith did spend most of his life in Washoe County, but I remember Art Smith very, very well. As a youngster growing up and playing golf in southern Nevada, Art would come out to the municipal golf course. I think he was a member of the Desert Inn Golf Course in the ’50s where business people tried to join and wanted to do business. But he was not stuck-up in any way and liked to come over to the Las Vegas Municipal to play with some of his old buddies who would get together, have a drink, play a round of golf and have a few more drinks later and just have a good old time driving golf balls on the range out there. He was nice to kids. Art was truly nice to kids, and he did not want you to call him Mr. Smith. I think those of us who were kids, although he was not really very old, in his 30s when he was really moving up the chain in the bank, we looked upon him as an elder statesman, so to speak. Here I was at age 14, and he would call me Bobby and allowed me to call him Art. We played golf together a few times when I was 14 and 15, and I think I even caddied for him once. He always treated young men and women as adults. I think that was the hallmark of his life and why his children and grandchildren who stand with us today look so well and have raised such wonderful families. He had a real respect for youth. In fact, Art was a moving force in bringing me into the Nevada State Golf Association officially when I was in my middle twenties. I was one of the youngest, if not the youngest, member of the board of directors of the Nevada State Golf Association just a year or so after I had won the championship. Art felt we needed new blood so he asked me to come in, and there I was with all those movers and shakers. I was only 26 years old. They were all well established business people known throughout the State. That was Art Smith for you. He and the people he hung around with knew it was important to bring young people up. I was able to associate with him at the blue jacketed dinner we would have every year and on other occasions. They became rare in later years after he moved back up north, and then he retired. But you would see him once or twice a year in the airport, and he would never forget your name. So Art Smith truly was a Nevadan, one for all of us, north and south, one to bring all people together. I will truly miss him.
President pro Tempore Jacobsen:
I would like to offer a few remarks of my own although I think Senator Raggio has very adequately covered it. Art Smith was a genuine friend. Wherever you saw him, he gave you a pleasant hello and gave you some razzmatazz about the Navy. We fought the war numerous times. I found, too, that when you went for a loan, he had a little different attitude. There again, that was the nature of his business. He was one of the people that helped make Nevada what it is today. Just thinking about the war, I spent some time in torpedo planes, and we used to argue. TBFs were made by Grumman, and TBMs were made by Chevrolet, believe it or not. He always thought the Fs were better than the Ms. There again, that remained to be seen. But one of the things I remember mostly and probably should not tell these stories out of school, but occasionally we used to do things in airplanes that were not normal. We would wrap up our laundry and kick it out of the bomb bays to somebody on the beach. Of course, this was in the United States. That had a different annotation to it in later years. Art was a remarkable guy. I liked him because he was so friendly. Usually, you do not find bankers who are that friendly. They are always pretty reserved and think they have to be some kind of a model. He was a model for everything, and as Senator Coffin said, he was great with the young people.
Resolution adopted.
Senator Raggio moved that all rules be suspended and that Senate Concurrent Resolution No. 43 be immediately transmitted to the Assembly.
Motion carried unanimously.
By Senators Jacobsen, Amodei, Care, Carlton, Coffin, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington, Wiener; Assemblymen Hettrick, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams:
Senate Concurrent Resolution No. 44—Designating May 10, 1999, as “Collector Car Day” in Nevada.
Whereas, The State of Nevada has a long and colorful history in witnessing the various modes of transportation that opened the West, from covered wagons to railroads, to stagecoaches, and even camels in Virginia City, to the introduction of the automobile; and
Whereas, The hobby of restoring and preserving many of those early “autocars,” as they were originally called, is best exemplified in America in the form of the National Automobile Museum in Reno, Nevada; and
Whereas, On the eve of the Millennium, many of the great inventions and innovations of the Twentieth Century are being categorized and publicized for posterity; and
Whereas, This legislative body salutes the artisans, craftsmen and even the tinkerers who have worked to restore these marvelous “gas-burners” of the past; and
Whereas, Two giant figures, one in the manufacture of automobiles and one in the preservation of automobiles of the past, E. L. Cord and William F. Harrah, respectively, were both residents of the State of Nevada; and
Whereas, Their twin legacies have been saved for future generations of the population of this state and for the millions of visitors to come, who will experience and enjoy the thrilling history of the automobile; and
Whereas, An annual event in Reno, designated as “Hot August Nights,” has become the largest celebration of the classic car in the world; and
Whereas, The members of this legislative body celebrate the inherited blessing of the automobile, which has found a permanent place in the garages and hearts of all mankind, both in daily life and in leisure-time pursuits; 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 many residents who participate in the car clubs and automotive organizations in the State of Nevada in an effort to maintain the memories of our car culture and provide a reason to reflect upon the past and its many cherished memories; and be it further
Resolved, That May 10, 1999, is hereby designated as “Collector Car Day” in Nevada as residents of this state celebrate the evolution of the automobile throughout the Twentieth Century.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio and Jacobsen.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Raggio:
This collector car day has become a recent tradition of the Legislature, and it is very fitting that we observe this today. I think it was scheduled earlier but the weather wouldn’t cooperate, so May 10 is now, by this Resolution, designated for that purpose. And I know it is particularly close to you, the preservation of this type of history, certainly to our Sergeant at Arms, Charlie Welsh, together with Stan Warren and some others in the collector association. I know there is a lot of love and effort that goes into the preservation of these vehicles and what has started out as a kind of hobby for individual owners over the years, including myself, has really become a pretty big affair and a pretty big business. When you look at the National Automobile Museum in Reno that was started by Bill Harrah, and in Las Vegas, the Imperial Hotel collection and others, and then Hot August Nights in the Reno area has turned out to be one of the biggest tourist events in our State. I guess this is fitting because the United States has certainly had a love affair with the automobile over all of its years of change and evolution. Today, it is great that we can take a little bit of time and designate this a “Collector Car Day.” I understand we have about 50 vehicles out here on the plaza adjoining the building that you can enjoy and admire. I would ask that you join in adopting this resolution.
President pro Tempore Jacobsen:
With your permission, I would like to offer just a couple of remarks from the podium realizing that I think this kind of activity and Resolution kind of takes us back to our heritage. I kind of think back to my own childhood when I had a 1917 Dodge. Believe it or not, I toured Carson Valley and sold bologna, hot dogs and pork chops and went from ranch to ranch. My brother bought the butcher shop later, and I acquired the car. I made a traffic car out of it, and I would indicate to you that it didn’t have any red lights, or sirens, or anything like that. It had a smell all of its own. One morning, I caught 22 skunks and so you can tell what that was all about. I’m reminded that my brother had a ’34 Plymouth convertible. I had acquired a goat from Dangburg Land & Livestock Company, a bummer goat, and I raised it. That goat would eat anything, thrived on cigarettes. One day, my brother was home for lunch, and the goat went up on his car and went through the roof, and he said, “You’re buying me a new top,” and I said “No, the goat’s yours.” It is kind of interesting about those old cars; they have attitudes to them, and it’s always a pleasure to see them. I want to commend the people that brought them here today. Hopefully, we will have a chance to look at them around noontime.
Resolution adopted.
Senator Raggio moved that all rules be suspended and that Senate Concurrent Resolution No. 44 be immediately transmitted to the Assembly.
Motion carried unanimously.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 10, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 64.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 64—Memorializing Fred A. Olson.
Whereas, The members of the Nevada Legislature were deeply saddened to learn of the passing of Fred A. Olson on April 3, 1999; and
Whereas, Fred Olson was born in Spokane, Washington, on April 4, 1921; and
Whereas, Fred Olson was a lifelong sailor, serving his country in the Merchant Marine from 1944 until his retirement in 1986, who began his seafaring career with the Sailors’ Union of the Pacific to see the world and to be involved in the World War II effort; and
Whereas, Following the war, Fred Olson joined the Seafarers International Union where his union membership spurred his interest in politics and the power of communication, believing that any individual could go directly to a governor, representative or city commissioner to resolve a problem; and
Whereas, The union also played an integral part in Fred Olson’s marriage to his wife, Lois, having met her aboard the Santa Mercedes when she was the steward delegate for the Marine Cooks and Stewards Union and he was the ship’s chairman for the Seafarers International Union; and
Whereas, Their marriage has been called “the most successful merger” between the Seafarers International Union and the Marine Cooks and Stewards Union because of their teamwork in all areas of their lives; and
Whereas, After ending their sailing careers aboard the S.S. Constitution upon retirement in 1986, the couple dived into politics and community affairs, bringing national attention to issues involving maritime interests, seniors, health care and manufactured housing reform; and
Whereas, As a resident of Nevada for 19 years, Fred Olson made many contributions to this state as a member of the Paradise Democratic Club, Citizens Water Board, Nevada Association of Manufactured Homeowners and Seniors United; and
Whereas, Fred Olson is survived by his wife, Lois, son Jaime Bonita of Shelton, Washington, and five grandchildren; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature offer their sincere condolences and heartfelt sympathy to the family and friends of Fred A. Olson, a man who contributed so much to his country and the State of Nevada; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Fred Olson’s beloved wife and partner, Lois.
Senator Titus moved the adoption of the resolution.
Remarks by Senators Titus and Care.
Senator Titus requested that the following remarks be entered in the Journal.
Senator Titus:
I rise in support of this resolution honoring the late Fred Olsen. As you will recall, we adjourned several weeks ago in memory of Fred when he passed away. I spoke about Fred at that time and again shared some thoughts about him with a group of family and friends who gathered over the weekend to say our final goodbyes. Fred was a delightful person and a true intellectual with an interest in the world around him. He was also a valuable member of the southern Nevada community; a strong advocate for causes he cared about (merchant marines, labor unions, mobile home owners and Democrats) and an astute political observer. Fred was a very dear friend and I shall miss his charm, his wit, his good advice and unwavering support. I only wish his lovely wife and partner Lois could be with us today to share this occasion
Senator Care:
I only knew Fred for about a year and a half, but I would be remiss, however, if I did not say something. When I first got involved in this senatorial race, the first few weeks I was taken around and introduced to lots and lots of lobbyists. Fred Olson was the first non-lobbyist involved in politics who I sat down with and had a discussion. What a refreshing change. I think it is safe to say that he was the heart of Senate District 7. He was heavily involved, not only in mobile home park issues and legislation, but also many affairs regarding seniors. It is a shame for me that I did not get to know him better. I certainly would have wanted to. I called him several times after I was elected for guidance and even dropped by on occasion at the mobile home park to just kind of shoot the breeze with Lois and Fred. They will be missed. Thank you.
Resolution adopted.
Assembly Concurrent Resolution No. 55.
Senator Rawson moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.
Senator Rawson moved that Assembly Bill No. 284 be taken from the General File and placed at the top of the General File for the next legislative day.
Remarks by Senator Rawson.
Motion carried.
By the Committee on Legislative Affairs and Operations:
Senate Joint Resolution No. 21—Expressing opposition to proposals redefining the space in which an aircraft may be flown over the Grand Canyon.
Resolution read.
Senator Porter moved that the resolution be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
Senator Porter moved that the action whereby Senate Joint Resolution No. 21 was referred to the Committee on Legislative Affairs and Operations be rescinded.
Remarks by Senator Porter.
Motion carried.
Senator Porter moved that the resolution be referred to the Committee on Transportation.
Motion carried.
Senator Washington moved that Assembly Bill No. 531 be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Washington.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 341.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 525.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 657.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 674.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
CONSENT CALENDAR
Assembly Bills Nos. 231, 644.
Bills read by number.
Roll call on Assembly Bills Nos. 231, 644:
Yeas—21.
Nays—None.
Assembly Bills Nos. 231, 644 having received a constitutional majority, Mr. President pro Tempore declared them passed.
Bills ordered transmitted to the Assembly.
SECOND READING AND AMENDMENT
Assembly Bill No. 53.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 781.
Amend section 1, pages 1 and 2, by deleting lines 13 and 14 on page 1 and lines 1 and 2 on page 2 and inserting: “a felony that resulted in death or substantial bodily harm to the victim was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties, and the person who”.
Amend sec. 3, page 3, by deleting lines 3 through 13 and inserting:
“(a) Perpetrated by means of poison, lying in wait[, torture or child abuse,] or torture, or by any other kind of willful, deliberate and premeditated killing;
(b) Committed in the perpetration or attempted perpetration of sexual assault, kidnaping, arson, robbery, burglary, invasion of the home, sexual abuse of a child , [or]sexual molestation of a child under the age of 14 years[;] or child abuse;
(c) Committed to avoid or prevent the lawful arrest of any person by a peace officer or to effect the escape of any person from legal custody[.] ; or
(d) Committed on the property of a public or private school, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties by a person who intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.”.
Amend sec. 4, page 5, line 40, by deleting “duties.” and inserting: “duties by a person who intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.”.
Amend sec. 5, page 7, by deleting lines 5 through 13 and inserting:
“(d) A felony resulting in death or substantial bodily harm to the victim and any other related offense arising out of the same facts as the felony, regardless of the nature of the related offense, if:
(1) The felony was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties; and
(2) The person intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.”.
Amend sec. 5, page 7, line 20, by deleting “4” and inserting “5”.
Amend sec. 5, page 7, between lines 25 and 26, by inserting:
“4. As used in this section, “school bus” has the meaning ascribed to it in NRS 483.160.”.
Amend the bill as a whole by deleting sec. 6 and adding new sections designated sections 6 through 10, following sec. 5, to read as follows:
“Sec. 6. Section 1 of Assembly Bill No. 262 of this session is hereby amended to read as follows:
Section 1. (Deleted by amendment.)
Sec. 7. Section 2 of Assembly Bill No. 262 of this session is hereby amended to read as follows:
Sec. 2. NRS 62.170 is hereby amended to read as follows:
(a) Who the officer has probable cause to believe is violating or has violated any law, ordinance or rule or regulation having the force of law; or
(b) Whose conduct indicates that he is a child in need of supervision.
2. Except as otherwise provided in this section, section 2 of Assembly Bill No. 221 of this [act] session and NRS 484.383, if a child is taken into custody:
(a) The officer shall [immediately] , without undue delay, attempt to notify , if known, the parent, guardian or custodian of the child[, if known, and the] ;
(b) The facility in which the child is detained shall, without undue delay:
(1) Notify a probation officer; and
[(b)] (2) Attempt to notify, if known, the parent, guardian or custodian of the child if such notification was not accomplished pursuant to paragraph (a); and
(c) Unless it is impracticable or inadvisable or has been otherwise ordered by the court, the child must be released to the custody of his parent or other responsible adult who has signed a written agreement to bring the child to the court at a stated time or at such time as the court may direct. The written agreement must be submitted to the court as soon as possible. If this person fails to produce the child as agreed or upon notice from the court, a writ may be issued for the attachment of the person or of the child requiring that the person or child, or both of them, be brought into the court at a time stated in the writ.
3. Except as otherwise provided in this section and section 2 of Assembly Bill No. 221 of this [act,] session, if a child who is taken into custody is not released pursuant to subsection 2:
(a) The child must be taken without unnecessary delay to:
(1) The court; or
(2) The place of detention designated by the court[,] and, as soon as possible thereafter, the fact of detention must be reported to the court; and
(b) Pending further disposition of the case, the court may order that the child be:
(1) Released to the custody of the parent or other person appointed by the court;
(2) Detained in such place as is designated by the court, subject to further order of the court; or
(3) Conditionally released for supervised detention at the home of the child in lieu of detention at a facility for the detention of juveniles.
4. Except as otherwise provided in section 2 of Assembly Bill No. 221 of this [act,] session, if a child is alleged to be delinquent or in need of supervision, the child must not, before disposition of the case, be detained in a facility for the secure detention of juveniles unless there is probable cause to believe that:
(a) If the child is not detained, he is likely to commit an offense dangerous to himself or to the community, or likely to commit damage to property;
(b) The child will run away or be taken away so as to be unavailable for proceedings of the court or to its officers;
(c) The child was brought to the probation officer pursuant to a court order or warrant; or
(d) The child is a fugitive from another jurisdiction.
5. If a child is not alleged to be delinquent or in need of supervision, the child must not, at any time, be confined or detained in:
(a) A facility for the secure detention of juveniles; or
(b) Any police station, lockup, jail, prison or other facility in which adults are detained or confined.
6. If a child is less than 18 years of age, the child must not, at any time, be confined or detained in any police station, lockup, jail, prison or other facility where the child has regular contact with any adult who is confined or detained therein and who has been convicted of a crime or charged with a crime, unless:
(a) The child is alleged to be delinquent;
(b) An alternative facility is not available; and
(c) The child is separated by sight and sound from any adults who are confined or detained therein.
7. If a child who is alleged to be delinquent is taken into custody and detained, the child must be given a detention hearing, conducted by the judge or master:
(a) Within 24 hours after the child submits a written application;
(b) In a county whose population is less than 100,000, within 24 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined;
(c) In a county whose population is 100,000 or more, within 6 hours after the commencement of detention at a police station, lockup, jail, prison or other facility in which adults are detained or confined; or
(d) Within 72 hours after the commencement of detention at a facility in which adults are not detained or confined,
whichever occurs first, excluding Saturdays, Sundays and holidays. A child must not be released after a detention hearing without the written consent of the judge or master.
8. If the parent, guardian or custodian of the child appears with or on behalf of the child at a detention hearing, the judge or master shall provide to him a certificate of attendance which he may provide to his employer. The certificate of attendance must set forth the date and time of appearance and the provisions of NRS 62.900. The certificate of attendance must not set forth the name of the child or the offense alleged.
9. Except as otherwise provided in subsection 10, if a child who is alleged to be in need of supervision is taken into custody and detained, the child must be released within 24 hours, excluding Saturdays, Sundays and holidays, after his initial contact with a peace officer to his parent, guardian or custodian, to any other person who is able to provide adequate care and supervision, or to shelter care, unless the court holds a detention hearing and determines the child:
(a) Has threatened to run away from home or from the shelter;
(b) Is accused of violent behavior at home; or
(c) Is accused of violating the terms of his supervision and consent decree.
If the court makes such a determination, the child may be detained for an additional 24 hours after the hearing, excluding Saturdays, Sundays and holidays, if needed by the court to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers. A child must not be detained pursuant to this subsection for a total period in excess of 48 hours, excluding Saturdays, Sundays and holidays.
10. If a child who is alleged to be in need of supervision is taken into custody and detained, the child need not be released pursuant to subsection 9, if the court holds a detention hearing and determines the child:
(a) Is a ward of a federal court or held pursuant to federal statute;
(b) Has run away from another state and a jurisdiction within the state has issued a want, warrant or request for the child; or
(c) Is accused of violating a valid court order.
If the court makes such a determination, the child may be detained for such an additional period as necessary for the court to return the child to the jurisdiction from which he originated or to make an alternative placement. Such an alternative placement must be in a facility in which there are no physically restraining devices or barriers.
11. During the pendency of a criminal or quasi-criminal charge of a crime excluded from the original jurisdiction of the juvenile court pursuant to NRS 62.040, a child may petition the juvenile court for temporary placement in a facility for the detention of juveniles.
12. In determining whether to release a child pursuant to this section to a person other than his parent, guardian or custodian, preference must be given to any person related within the third degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child.
Sec. 8. Assembly Bill No. 262 of this session is hereby amended by adding thereto a new section to read as follows:
Sec. 3. This act becomes effective at 12:01 a.m. on October 1, 1999.
Sec. 9. The amendatory provisions of this act do not apply to offenses committed before October 1, 1999.
Sec. 10. This act becomes effective at 12:02 a.m. on October 1, 1999.”.
Amend the title of the bill to read as follows:
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes concerning safety of children and schools. (BDR 15‑127)”
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 107.
Bill read second time and ordered to third reading.
Assembly Bill No. 111.
Bill read second time and ordered to third reading.
Assembly Bill No. 141.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator James moved that Assembly Bill No. 159 be taken from the Second Reading File and placed on the Secretary’s desk.
Remarks by Senator James.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 166.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 422.
Amend section 1, pages 1 and 2, by deleting lines 1 through 13 on page 1 and lines 1 through 31 on page 2, and inserting:
“Section 1. NRS 202.3673 is hereby amended to read as follows:
(a) Any facility of a law enforcement agency;
(b) A prison, county or city jail or detention facility;
(c) A courthouse or courtroom;
(d) Any facility of a public or private school;
(e) Any facility of a vocational or technical school, or of the University and Community College System of Nevada;
(f) Any other building owned or occupied by the Federal Government, the state or a local government; or
(g) Any other place in which the carrying of a concealed firearm is prohibited by state or federal law.
2. The provisions of this section do not prohibit a permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which he presides or from authorizing other permittees to carry a concealed firearm in his courtroom.
3. The provisions of this section are not applicable to an employee of the facility identified in subsection 1 while on the premises of that facility.
4. The provisions of this section do not apply to a permittee who is a prosecuting attorney of an agency or political subdivision of the United States or of this state.
5. A violation of the provisions of subsection 1 is a misdemeanor.] subsections 2 and 3, a permittee may carry a concealed firearm while he is on the premises of any public building.
2. A permittee shall not carry a concealed firearm while he is on the premises of a public building that is located on the property of a public airport.
3. A permittee shall not carry a concealed firearm while he is on the premises of:
(a) A public building that is located on the property of a public school or the property of the University and Community College System of Nevada, unless the permittee has obtained written permission to carry a concealed firearm while he is on the premises of the public building pursuant to paragraph (c) of subsection 3 of NRS 202.265.
(b) A public building that has a metal detector at each public entrance or a sign posted at each public entrance indicating that no firearms are allowed in the building, unless the permittee is not prohibited from carrying a concealed firearm while he is on the premises of the public building pursuant to subsection 4.
4. The provisions of paragraph (b) of subsection 3 do not prohibit:
(a) A permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which he presides or from authorizing a permittee to carry a concealed firearm while in the courtroom of the judge and while traveling to and from the courtroom of the judge.
(b) A permittee who is a prosecuting attorney of an agency or political subdivision of the United States or of this state from carrying a concealed firearm while he is on the premises of a public building.
(c) A permittee who is employed in the public building from carrying a concealed firearm while he is on the premises of the public building.
(d) A permittee from carrying a concealed firearm while he is on the premises of the public building if the permittee has received written permission from the person in control of the public building to carry a concealed firearm while the permittee is on the premises of the public building.
5. A person who violates subsection 2 or 3 is guilty of a misdemeanor.
6. As used in this section, “public building” means any building or office space occupied by:
(a) Any component of the University and Community College System of Nevada and used for any purpose related to the system; or
(b) The Federal Government, the State of Nevada or any county, city, school district or other political subdivision of the State of Nevada and used for any public purpose.
If only part of the building is occupied by an entity described in this subsection, the term means only that portion of the building which is so occupied.”.
Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.”.
Senator Washington moved the adoption of the amendment.
Remarks by Senator Washington.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 197.
Bill read second time and ordered to third reading.
Assembly Bill No. 249.
Bill read second time and ordered to third reading.
Assembly Bill No. 265.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 766.
Amend section 1, page 1, line 3, by deleting “medically monitored” and inserting “modified medical ”.
Amend sec. 3, page 2, line 9, by deleting “freestanding”.
Amend sec. 3, page 2, line 15, by deleting “medically monitored” and inserting “modified medical”.
Amend the title of the bill, second line, by deleting “medically monitored” and inserting “modified medical”.
Amend the summary of the bill to read as follows:
“SUMMARY—Creates new category of medical facility for modified medical detoxification. (BDR 40‑1088)”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 267.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 750.
Amend the bill as a whole by deleting sections 1 through 6 and adding new sections designated sections 1 through 27, following the enacting clause, to read as follows:
“Section 1. Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:
For the purposes of NRS 200.5091 to 200.50995, inclusive, a person:
1. Has “reasonable cause to believe” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.
2. Acts “as soon as reasonably practicable” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would act within approximately the same period under those facts and circumstances.
Sec. 2. NRS 200.5092 is hereby amended to read as follows:
1. “Abuse” means willful and unjustified:
(a) Infliction of pain, injury or mental anguish on an older person; or
(b) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older person.
2. “Exploitation” means any act taken by a person who has the trust and confidence of an older person or any use of the power of attorney or guardianship of an older person to obtain control, through deception, intimidation or undue influence, over the older person’s money, assets or property with the intention of permanently depriving the older person of the ownership, use, benefit or possession of his money, assets or property. As used in this subsection, “undue influence” does not include the normal influence that one member of a family has over another.
3. “Isolation” means willfully, maliciously and intentionally preventing an older person from having contact with another person by:
(a) Intentionally preventing the older person from receiving his visitors, mail or telephone calls, including, without limitation, communicating to a person who comes to visit the older person or a person who telephones the older person that the older person is not present or does not want to meet with or talk to the visitor or caller knowing that the statement is false, contrary to the express wishes of the older person and intended to prevent the older person from having contact with the visitor; or
(b) Physically restraining the older person to prevent the older person from meeting with a person who comes to visit the older person.
The term does not include an act intended to protect the property or physical or mental welfare of the older person or an act performed pursuant to the instructions of a physician of the older person.
4. “Neglect” means the failure of:
(a) A person who has assumed legal responsibility or a contractual obligation for caring for an older person or who has voluntarily assumed responsibility for his care to provide food, shelter, clothing or services which are necessary to maintain the physical or mental health of the older person; or
(b) An older person to provide for his own needs because of inability to do so.
5. “Older person” means a person who is 60 years of age or older.
6. “Protective services” means services the purpose of which is to prevent and remedy the abuse, neglect, exploitation and isolation of older persons. The services may include investigation, evaluation, counseling, arrangement and referral for other services and assistance.
Sec. 3. NRS 200.5093 is hereby amended to read as follows:
(a)] Any person who is described in subsection 4 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited or isolated shall:
(a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation or isolation of the older person to:
(1) The local office of the aging services division of the department of human resources;
[(b)] (2) A police department or sheriff’s office;
[(c)] (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or
[(d)] (4) A toll-free telephone service designated by the aging services division of the department of human resources[.
If the report of] ; and
(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited or isolated.
2. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of [an] the older person involves an act or omission of the aging services division or a law enforcement agency, the person shall make the report [must be made] to an agency other than the one alleged to have committed the act or omission.
3. Each agency, after reducing [the] a report to writing, shall forward a copy of the report to the aging services division of the department of human resources.
[2. Reports]
4. A report must be made pursuant to subsection 1 by the following persons : [who, in their professional or occupational capacities, know or have reason to believe that an older person is being or has been abused, neglected, exploited or isolated:]
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician’s assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.
(c) A coroner.
(d) Every clergyman, practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from the offender during a confession.
(e) Every person who maintains or is employed by an agency to provide nursing in the home.
(f) Every attorney, unless he has acquired the knowledge of abuse, neglect, exploitation or isolation of the older person from a client who has been or may be accused of such abuse, neglect, exploitation or isolation.
(g) Any employee of the department of human resources.
(h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.
(k) Every social worker.
(l) Any person who owns or is employed by a funeral home or mortuary.
[3.] 5. A report may be [filed] made by any other person.
[4. A]
6. If a person who is required to make a report pursuant to [this section who] subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation , the person shall , as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney and the aging services division of the department of human resources his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.
[5.] 7. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the aging services division of the department of human resources, must be forwarded to the aging services division within 90 days after the completion of the report.
[6.] 8. If the investigation of [the] a report results in the belief that [the] an older person is abused, neglected, exploited or isolated, the aging services division of the department of human resources or the county’s office for protective services may provide protective services to the older person if he is able and willing to accept them.
[7.] 9. A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 4. NRS 200.5094 is hereby amended to read as follows:
2. The report must contain the following information, when possible:
(a) The name and address of the older person;
(b) The name and address of the person responsible for his care, if there is one;
(c) The name and address, if available, of the person who is alleged to have abused, neglected, exploited or isolated the older person;
(d) The nature and extent of the abuse, neglect, exploitation or isolation of the older person;
(e) Any evidence of previous injuries; and
(f) The basis of the reporter’s belief that the older person has been abused, neglected, exploited or isolated.
Sec. 5. NRS 200.50984 is hereby amended to read as follows:
2. Except as otherwise provided in this subsection, if a guardian has not been appointed for the older person, the aging services division or the county’s office for protective services shall obtain the consent of the older person before inspecting those records. If the aging services division or the county’s office for protective services determines that the older person is unable to consent to the inspection, the inspection may be conducted without his consent. Except as otherwise provided in this subsection, if a guardian has been appointed for the older person, the aging services division or the county’s office for protective services shall obtain the consent of the guardian before inspecting those records. If the aging services division or the county’s office for protective services has [reason] reasonable cause to believe that the guardian is abusing, neglecting, exploiting or isolating the older person, the inspection may be conducted without the consent of the guardian, except that if the records to be inspected are in the personal possession of the guardian, the inspection must be approved by a court of competent jurisdiction.
Sec. 6. NRS 200.50986 is hereby amended to read as follows:
Sec. 7. Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 8 to 16, inclusive, of this act.
Sec. 8. As used in sections 8 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 9 and 10 of this act have the meanings ascribed to them in those sections.
Sec. 9. “Law enforcement agency” means:
1. The office of the attorney general or the office of a district attorney within this state and any attorney, investigator, special investigator or employee who is acting in his professional or occupational capacity for such an office; or
2. Any other law enforcement agency within this state and any peace officer or employee who is acting in his professional or occupational capacity for such an agency.
Sec. 10. “Violent or sexual offense” means any act that, if prosecuted in this state, would constitute any of the following offenses:
1. Murder or voluntary manslaughter pursuant to NRS 200.010 to 200.260, inclusive.
2. Mayhem pursuant to NRS 200.280.
3. Kidnaping pursuant to NRS 200.310 to 200.340, inclusive.
4. Sexual assault pursuant to NRS 200.366.
5. Robbery pursuant to NRS 200.380.
6. Administering poison or another noxious or destructive substance or liquid with intent to cause death pursuant to NRS 200.390.
7. Battery with intent to commit a crime pursuant to NRS 200.400.
8. Administering a drug or controlled substance to another person with the intent to enable or assist the commission of a felony or crime of violence pursuant to NRS 200.405 or 200.408.
9. False imprisonment pursuant to NRS 200.460, if the false imprisonment involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or a deadly weapon.
10. Assault with a deadly weapon pursuant to NRS 200.471.
11. Battery which is committed with the use of a deadly weapon or which results in substantial bodily harm pursuant to NRS 200.481.
12. An offense involving pornography and a minor pursuant to NRS 200.710 or 200.720.
13. Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.
14. Intentional transmission of the human immunodeficiency virus pursuant to NRS 201.205.
15. Open or gross lewdness pursuant to NRS 201.210.
16. Lewdness with a child pursuant to NRS 201.230.
17. An offense involving pandering or prostitution in violation of NRS 201.300, 201.320 or 201.340.
18. Coercion pursuant to NRS 207.190, if the coercion involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or a deadly weapon.
19. An attempt, conspiracy or solicitation to commit an offense listed in subsections 1 to 18, inclusive.
Sec. 11. For the purposes of sections 8 to 16, inclusive, of this act, a person:
1. Has “reasonable cause to believe” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.
2. Acts “as soon as reasonably practicable” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would act within approximately the same period under those facts and circumstances.
3. May make a report by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the information.
Sec. 12. 1. Except as otherwise provided in sections 13 and 14 of this act, a person who knows or has reasonable cause to believe that another person has committed a violent or sexual offense against a child who is 12 years of age or younger shall:
(a) Report the commission of the violent or sexual offense against the child to a law enforcement agency; and
(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the other person has committed the violent or sexual offense against the child.
2. A person who knowingly and willfully violates
the provisions of subsection 1 is guilty of a misdemeanor.
3. A report made pursuant to this section must include, without limitation:
(a) If known, the name of the child and the name of the person who committed the violent or sexual offense against the child;
(b) The location where the violent or sexual offense was committed; and
(c) The facts and circumstances which support the person’s belief that the violent or sexual offense was committed.
Sec. 13. 1. A person may not be prosecuted or convicted pursuant to section 12 of this act unless a court in this state or any other jurisdiction has entered a judgment of conviction against a culpable actor for:
(a) The violent or sexual offense against the child; or
(b) Any other offense arising out of the same facts as the violent or sexual offense against the child.
2. For any violation of section 12 of this act, an indictment must be found or an information or complaint must be filed within 1 year after the date on which:
(a) A court in this state or any other jurisdiction has entered a judgment of conviction against a culpable actor as provided in subsection 1; or
(b) The violation is discovered,
whichever occurs later.
3. For the purposes of this section:
(a) A court in “any other jurisdiction” includes, without limitation, a tribal court or a court of the United States or the Armed Forces of the United States.
(b) “Convicted” and “conviction” mean a judgment based upon:
(1) A plea of guilty, guilty but mentally ill or nolo contendere;
(2) A finding of guilt by a jury or a court sitting without a jury;
(3) An adjudication of delinquency or finding of guilt by a court having jurisdiction over juveniles; or
(4) Any other admission or finding of guilt in a criminal action or a proceeding in a court having jurisdiction over juveniles.
(c) A court “enters” a judgment of conviction against a person on the date on which guilt is admitted, adjudicated or found, whether or not:
(1) The court has imposed a sentence, a penalty or other sanction for the conviction; or
(2) The person has exercised any right to appeal the conviction.
(d) “Culpable actor” means a person who:
(1) Causes or perpetrates an unlawful act;
(2) Aids, abets, commands, counsels, encourages, hires, induces, procures or solicits another person to cause or perpetrate an unlawful act; or
(3) Is a principal in any degree, accessory before or after the fact, accomplice or conspirator to an unlawful act.
Sec. 14. The provisions of section 12 of this act do not apply to a person who:
1. Is less than 16 years of age;
2. Is, by blood or marriage, the spouse, brother, sister, parent, grandparent, child or grandchild of:
(a) The child who is the victim of the violent or sexual offense; or
(b) The person who committed the violent or sexual offense against the child;
3. Suffers from a mental or physical impairment or disability that, in light of all the surrounding facts and circumstances, would make it impracticable for the person to report the commission of the violent or sexual offense against the child to a law enforcement agency;
4. Knows or has reasonable cause to believe that reporting the violent or sexual offense against the child to a law enforcement agency would place the person or any other person who is related to him by blood or marriage or who resides in the same household as him, whether or not the other person is related to him by blood or marriage, in imminent danger of suffering substantial bodily harm;
5. Became aware of the violent or sexual offense against the child through a communication or proceeding that is protected by a privilege set forth in chapter 49 of NRS; or
6. Is acting in his professional or occupational capacity and is required to report the abuse or neglect of a child pursuant to NRS 432B.220.
Sec. 15. 1. If a person who is required to make a report pursuant to section 12 of this act makes such a report in good faith and in accordance with that section, the person is immune from civil or criminal liability for any act or omission related to that report, but the person is not immune from civil or criminal liability for any other act or omission committed by the person as part of, in connection with or as a principal, accessory or conspirator to the violent or sexual offense against the child, regardless of the nature of the other act or omission.
2. If a person is not required to make a report pursuant to section 12 of this act and the person makes such a report to a law enforcement agency in good faith, the person is immune from civil or criminal liability for any act or omission related to that report, but the person is not immune from civil or criminal liability for any other act or omission committed by the person as part of, in connection with or as a principal, accessory or conspirator to the violent or sexual offense against the child, regardless of the nature of the other act or omission.
3. For the purposes of this section, if a person reports to a law enforcement agency that another person has committed a violent or sexual offense against a child, whether or not the person is required to make such a report pursuant to section 12 of this act, the person is presumed to have made the report in good faith unless the person is being prosecuted for a criminal violation, including, without limitation, a violation of the provisions of NRS 207.280.
Sec. 16. If a person reports to a law enforcement agency that another person has committed a violent or sexual offense against a child, whether or not the person is required to make such a report pursuant to section 12 of this act, and the violent or sexual offense against the child would constitute abuse or neglect of a child, as defined in NRS 432B.020, the report made by the person shall be deemed to be a report of the abuse or neglect of the child that has been made pursuant to NRS 432B.220 and:
1. The appropriate agencies shall act upon the report pursuant to chapter 432B of NRS; and
2. The report may be used in the same manner as other reports that are made pursuant to NRS 432B.220.
Sec. 17. NRS 171.090 is hereby amended to read as follows:
1. A gross misdemeanor must be found, or an information or complaint filed, within 2 years after the commission of the offense.
2. Any other misdemeanor must be found, or an information or complaint filed, within 1 year after [its commission.] the commission of the offense.
Sec. 18. NRS 171.095 is hereby amended to read as follows:
171.095 1. Except as otherwise provided in subsection 2 and NRS 171.083:
(a) If a felony, gross misdemeanor or misdemeanor is committed in a secret manner, an indictment for the offense must be found, or an information or complaint filed, within the periods of limitation prescribed in NRS 171.085 and 171.090 after the discovery of the offense , unless a longer period is allowed by paragraph (b)[.] or the provisions of section 13 of this act.
(b) An indictment must be found, or an information or complaint filed, for any offense constituting sexual abuse of a child, as defined in NRS 432B.100, before the victim of the sexual abuse is:
(1) Twenty-one years old if he discovers or reasonably should have discovered that he was a victim of the sexual abuse by the date on which he reaches that age; or
(2) Twenty-eight years old if he does not discover and reasonably should not have discovered that he was a victim of the sexual abuse by the date on which he reaches 21 years of age.
2. If any indictment found, or an information or complaint filed, within the time prescribed in subsection 1 is defective so that no judgment can be given thereon, another prosecution may be instituted for the same offense within 6 months after the first is abandoned.
Sec. 19. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:
For the purposes of this chapter, a person:
1. Has “reasonable cause to believe” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.
2. Acts “as soon as reasonably practicable” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would act within approximately the same period under those facts and circumstances.
Sec. 20. NRS 432B.160 is hereby amended to read as follows:
432B.160 1. Immunity from civil or criminal liability extends to every person who in good faith:
(a) Makes a report pursuant to [the provisions of] NRS 432B.220;
(b) Conducts an interview or allows an interview to be taken pursuant to NRS 432B.270;
(c) Allows or takes photographs or X‑rays pursuant to NRS 432B.270;
(d) Causes a medical test to be performed pursuant to NRS 432B.270;
(e) Provides a record, or a copy thereof, of a medical test performed pursuant to NRS 432B.270 to an agency that provides protective services to the child, a law enforcement agency that participated in the investigation of the report of abuse or neglect of the child or the prosecuting attorney’s office;
(f) Holds a child pursuant to NRS 432B.400 or places a child in protective custody;
(g) Refers a case or recommends the filing of a petition pursuant to NRS 432B.380; or
(h) Participates in a judicial proceeding resulting from a referral or recommendation.
2. In any proceeding to impose liability against a person for:
(a) Making a report pursuant to [subsection 2 of] NRS 432B.220; or
(b) Any of the acts set forth in paragraphs (b) to (h), inclusive, of subsection 1,
there is a presumption that the person acted in good faith.
Sec. 21. NRS 432B.220 is hereby amended to read as follows:
(a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides protective services or to a law enforcement agency [immediately, but in no event] ; and
(b) Make such a report as soon as reasonably practicable but not later than 24 hours after [there is reason] the person knows or has reasonable cause to believe that [a] the child has been abused or neglected.
2. If [the report of] a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of [a] the child involves [the acts or omissions] an act or omission of:
(a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of his home for a portion of the day, the person shall make the report [must be made] to a law enforcement agency.
(b) An agency which provides protective services or a law enforcement agency, the person shall make the report [must be made to and the investigation made by] to an agency other than the one alleged to have committed the [acts or omissions.
2. Reports] act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.
3. A report must be made pursuant to subsection 1 by the following persons : [who, in their professional or occupational capacities, know or have reason to believe that a child has been abused or neglected:]
(a) A physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician’s assistant, psychiatrist, psychologist, marriage and family therapist, alcohol or drug abuse counselor, advanced emergency medical technician or other person providing medical services licensed or certified in this state;
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of suspected abuse or neglect of a child by a member of the staff of the hospital;
(c) A coroner;
(d) A clergyman, practitioner of Christian Science or religious healer, unless he has acquired the knowledge of the abuse or neglect from the offender during a confession;
(e) A social worker and an administrator, teacher, librarian or counselor of a school;
(f) Any person who maintains or is employed by a facility or establishment that provides care for children, children’s camp or other public or private facility, institution or agency furnishing care to a child;
(g) Any person licensed to conduct a foster home;
(h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer;
(i) An attorney, unless he has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect; and
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.
[3.] 4. A report may be made by any other person.
[4. Any]
5. If a person who is required to make a report [under this section who] pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect , the person shall , as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the report and submit to an agency which provides protective services his written findings . [, which] The written findings must include , if obtainable, the information required [under] pursuant to the provisions of subsection 2 of NRS 432B.230.
Sec. 22. NRS 432B.230 is hereby amended to read as follows:
2. The report must contain the following information, if obtainable:
(a) The name, address, age and sex of the child;
(b) The name and address of the child’s parents or other person responsible for his care;
(c) The nature and extent of the abuse or neglect of the child;
(d) Any evidence of previously known or suspected abuse or neglect of the child or the child’s siblings;
(e) The name, address and relationship, if known, of the person who is alleged to have abused or neglected the child; and
(f) Any other information known to the person making the report that the agency which provides protective services considers necessary.
Sec. 23. NRS 432B.250 is hereby amended to read as follows:
1. For his failure to make a report [as required under] pursuant to NRS 432B.220;
2. In cooperating with an agency which provides protective services or a guardian ad litem for a child; or
3. In any proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive.
Sec. 24. NRS 432B.290 is hereby amended to read as follows:
(a) A physician [who] , if the physician has before him a child who he [reasonably believes may have] has reasonable cause to believe has been abused or neglected;
(b) A person authorized to place a child in protective custody, if [he] the person has before him a child who he [reasonably believes may have] has reasonable cause to believe has been abused or neglected and [he] the person requires the information to determine whether to place the child in protective custody;
(c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:
(1) The child; or
(2) The person responsible for the welfare of the child;
(d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of abuse or neglect of a child;
(e) A court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;
(f) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to him;
(g) The guardian ad litem of the child;
(h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;
(i) An agency which provides protective services or which is authorized to receive, investigate and evaluate reports of abuse or neglect of a child;
(j) A person who or an organization that has entered into a written agreement with an agency which provides protective services to provide assessments or services and that has been trained to make such assessments or provide such services;
(k) A team organized for the protection of a child pursuant to NRS 432B.350;
(l) A team organized pursuant to NRS 432B.405 to review the death of a child;
(m) A parent or legal guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;
(n) The person named in the report as allegedly being abused or neglected, if he is not a minor or otherwise legally incompetent;
(o) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;
(p) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency that provides protective services if:
(1) The identity of the person making the report is kept confidential; and
(2) The officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect;
(q) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court; or
(r) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides protective services or to a law enforcement agency.
2. Except as otherwise provided in subsection 3, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available to any member of the general public if the child who is the subject of the report dies or is critically injured as a result of alleged abuse or neglect, except that the data or information which may be disclosed is limited to:
(a) The fact that a report of abuse or neglect has been made and, if appropriate, a factual description of the contents of the report;
(b) Whether an investigation has been initiated pursuant to NRS 432B.260, and the result of a completed investigation; and
(c) Such other information authorized for disclosure by a court pursuant to subsection 4.
3. An agency which provides protective services shall not disclose data or information pursuant to subsection 2 if the agency determines that the disclosure is not in the best interests of the child or if disclosure of the information would adversely affect any pending investigation concerning the report.
4. Upon petition, a court of competent jurisdiction may authorize the disclosure of additional information to the public pursuant to subsection 2 if good cause is shown by the petitioner for the disclosure of the additional information.
5. An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:
(a) A copy of:
(1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or
(2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or
(b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.
6. Any person, except for:
(a) The subject of a report;
(b) A district attorney or other law enforcement officer initiating legal proceedings; or
(c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135,
who is given access, pursuant to subsection 1 or 2, to information identifying the subjects of a report and who makes this information public is guilty of a misdemeanor.
7. The division of child and family services shall adopt regulations to carry out the provisions of this section.
Sec. 25. NRS 432B.290 is hereby amended to read as follows:
(a) A physician [who] , if the physician has before him a child who he [reasonably believes may have] has reasonable cause to believe has been abused or neglected;
(b) A person authorized to place a child in protective custody, if [he] the person has before him a child who he [reasonably believes may have] has reasonable cause to believe has been abused or neglected and [he] the person requires the information to determine whether to place the child in protective custody;
(c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:
(1) The child; or
(2) The person responsible for the welfare of the child;
(d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of abuse or neglect of a child;
(e) A court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;
(f) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to him;
(g) The guardian ad litem of the child;
(h) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;
(i) An agency which provides protective services or which is authorized to receive, investigate and evaluate reports of abuse or neglect of a child;
(j) A team organized for the protection of a child pursuant to NRS 432B.350;
(k) A parent or legal guardian of the child, if the identity of the person responsible for reporting the alleged abuse or neglect of the child to a public agency is kept confidential;
(l) The person named in the report as allegedly being abused or neglected, if he is not a minor or otherwise legally incompetent;
(m) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;
(n) Upon written consent of the parent, any officer of this state or a city or county thereof or legislator authorized, by the agency or department having jurisdiction or by the legislature, acting within its jurisdiction, to investigate the activities or programs of an agency that provides protective services if:
(1) The identity of the person making the report is kept confidential; and
(2) The officer, legislator or a member of his family is not the person alleged to have committed the abuse or neglect; or
(o) The division of parole and probation of the department of motor vehicles and public safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court.
2. An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:
(a) A copy of:
(1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or
(2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or
(b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.
3. Any person, except for:
(a) The subject of a report;
(b) A district attorney or other law enforcement officer initiating legal proceedings; or
(c) An employee of the division of parole and probation of the department of motor vehicles and public safety making a presentence investigation and report to the district court pursuant to NRS 176.135,
who is given access, pursuant to subsection 1, to information identifying the subjects of a report and who makes this information public is guilty of a misdemeanor.
4. The division of child and family services shall adopt regulations to carry out the provisions of this section.
Sec. 26. The amendatory provisions of this act do not apply to a person who violates NRS 200.5093 or 432B.220 or section 12 of this act before October 1, 1999.
Sec. 27. 1. This section and sections 1 to 24, inclusive, and 26 of this act become effective on October 1, 1999.
2. Section 24 of this act expires by limitation on June 30, 2001.
3. Section 25 of this act becomes effective on July 1, 2001.”.
Amend the title of the bill, third line, after “penalty;” by inserting: “revising the provisions governing reports of the abuse or neglect of a child and reports of the abuse, neglect, exploitation or isolation of persons who are 60 years of age or older;”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 425.
Bill read second time and ordered to third reading.
Assembly Bill No. 439.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 764.
Amend the bill as a whole by renumbering sec. 4 as sec. 5 and adding a new section designated sec. 4, following sec. 3, to read as follows:
“Sec. 4. Notwithstanding the amendatory provisions of section 1 of this act to the contrary:
1. A permit for senior citizens issued by the division of state parks of the state department of conservation and natural resources before January 1, 2000, to a person who is a resident of this state and is 60 years of age or older remains valid until:
(a) The date of expiration of the permit; or
(b) The date on which the person to whom it is issued ceases to be a resident of this state,
whichever occurs first.
2. A person who holds a valid permit for senior citizens issued by the division of state parks of the state department of conservation and natural resources before January 1, 2000, may apply for the issuance of an annual permit described in paragraph (d) of subsection 1 of NRS 407.065 upon:
(a) Proof only that the person is a current resident of this state; and
(b) Payment of the administrative fee required by that paragraph.
3. The division of state parks of the state department of conservation and natural resources shall, upon receiving an application that satisfies the requirements of subsection 2, issue to the applicant an annual permit described in paragraph (d) of subsection 1 of NRS 407.065.
4. An annual permit issued pursuant to subsection 3 is renewable by the person to whom it is issued subject to the same terms and conditions applicable to the issuance of the permit.”.
Amend sec. 4, page 3, by deleting line 33 and inserting:
“Sec. 5. 1. This act becomes effective on January 1, 2000.
2. Section 4 of this act expires by limitation on January 1, 2005.”.
Senator Care moved the adoption of the amendment.
Remarks by Senator Care.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 445.
Bill read second time and ordered to third reading.
Assembly Bill No. 450.
Bill read second time and ordered to third reading.
Assembly Bill No. 469.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 742.
Amend sec. 3, page 2, by deleting lines 33 through 38 and inserting:
“(b) A trust company that:
(1) Is organized under federal law or under the laws of this state or another state; and
(2) Maintains an office in this state for the transaction of business; or
(c) A bank that:
(1) Is organized under federal law or under the laws of this state or another state;
(2) Maintains an office in this state for the transaction of business; and
(3) Possesses and exercises trust powers.”.
Senator James moved the adoption of the amendment.
Remarks by Senator James.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 477.
Bill read second time and ordered to third reading.
Assembly Bill No. 489.
Bill read second time and ordered to third reading.
Assembly Bill No. 593.
Bill read second time and ordered to third reading.
Assembly Bill No. 624.
Bill read second time and ordered to third reading.
Assembly Bill No. 639.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 763.
Amend section 1, page 1, line 9, by deleting “Such” and inserting: “Except as otherwise provided in paragraph (d), such”.
Amend section 1, page 2, between lines 14 and 15, by inserting: “The notice required pursuant to this paragraph must be published in a newspaper published and having general circulation within the county wherein the local government, or a major portion thereof, is situated. If no such newspaper is published in the county, then publication must be in any newspaper published in the state having general circulation in the county.”.
Amend sec. 3, page 2, line 39, after “332.039 and” by inserting: “paragraph (a) of subsection 1 of”.
Senator Titus moved the adoption of the amendment.
Remarks by Senator Titus.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 651.
Bill read second time and ordered to third reading.
Assembly Joint Resolution No. 12.
Resolution read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Rhoads moved that Assembly Bill No. 40 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Rhoads.
Motion carried.
Senator Townsend moved that Assembly Bill No. 109 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Townsend.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 12.
Bill read third time.
Remarks by Senators Care, James, McGinness and O’Connell.
Senator Care moved that Assembly Bill No. 12 be taken from the General File and placed on the Secretary’s desk.
Motion carried.
Assembly Bill No. 95.
Bill read third time.
Roll call on Assembly Bill No. 95:
Yeas—21.
Nays—None.
Assembly Bill No. 95 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 169.
Bill read third time.
Roll call on Assembly Bill No. 169:
Yeas—21.
Nays—None.
Assembly Bill No. 169 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 202.
Bill read third time.
Remarks by Senator Rhoads.
Roll call on Assembly Bill No. 202:
Yeas—21.
Nays—None.
Assembly Bill No. 202 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 203.
Bill read third time.
Roll call on Assembly Bill No. 203:
Yeas—21.
Nays—None.
Assembly Bill No. 203 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 215.
Bill read third time.
Roll call on Assembly Bill No. 215:
Yeas—21.
Nays—None.
Assembly Bill No. 215 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 254.
Bill read third time.
Roll call on Assembly Bill No. 254:
Yeas—21.
Nays—None.
Assembly Bill No. 254 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 255.
Bill read third time.
Roll call on Assembly Bill No. 255:
Yeas—21.
Nays—None.
Assembly Bill No. 255 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 260.
Bill read third time.
Roll call on Assembly Bill No. 260:
Yeas—21.
Nays—None.
Assembly Bill No. 260 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 414.
Bill read third time.
Roll call on Assembly Bill No. 414:
Yeas—19.
Nays—James, Mathews—2.
Assembly Bill No. 414 having received a two-thirds majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 447.
Bill read third time.
Remarks by Senators Neal and Carlton.
Roll call on Assembly Bill No. 447:
Yeas—21.
Nays—None.
Assembly Bill No. 447 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 461.
Bill read third time.
Roll call on Assembly Bill No. 461:
Yeas—21.
Nays—None.
Assembly Bill No. 461 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 518.
Bill read third time.
Roll call on Assembly Bill No. 518:
Yeas—21.
Nays—None.
Assembly Bill No. 518 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 588.
Bill read third time.
Remarks by Senator Care.
Roll call on Assembly Bill No. 588:
Yeas—19.
Nays—James, McGinness—2.
Assembly Bill No. 588 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 611.
Bill read third time.
Roll call on Assembly Bill No. 611:
Yeas—21.
Nays—None.
Assembly Bill No. 611 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 612.
Bill read third time.
Roll call on Assembly Bill No. 612:
Yeas—21.
Nays—None.
Assembly Bill No. 612 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 626.
Bill read third time.
Roll call on Assembly Bill No. 626:
Yeas—21.
Nays—None.
Assembly Bill No. 626 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 640.
Bill read third time.
Roll call on Assembly Bill No. 640:
Yeas—21.
Nays—None.
Assembly Bill No. 640 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President pro Tempore and Secretary signed Senate Bills Nos. 54, 56, 64, 267, 462, 479, 484, 490; Senate Concurrent Resolutions Nos. 38, 39, 40; Assembly Bills Nos. 229, 336, 545, 647, 648.
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 Jackie Frady, Executive Director of the National Automobile Museum.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Charlotte Smith, Barbara Smith Campbell, Matt Smith, Blake Smith, Ruthie Smith, Debbie Smith Castello, Al Oppio, Hot August Nights; Laura Lee Evans, Darlene Phipps, Nevada Car Owners in Northern Nevada; Jim Sohns; Nevada Car Owners in Southern Nevada, Don Nisley, Nevada Car Club Council and the following Collector Car Groups: Sierra Mustang, Reno Corvettes, High Sierra Lincoln, Comstock Reno Region Contemporary Historical Vehicle Association, Silver State Region Cadillac, LaSalle Club, Classic Chevrolet, Early Ford V8 Club of America, Battle Born R.G. of Northern Nevada, Valley Cruisers Car Club Association, Volvo Car Club of America, Sage Brush Model A, Prophets, Karson Kruzers, Silver State Pontiac Club, Classic T-Birds, Sierra Nevada Classic T-Birds, National Automobile Museum and Klassic Kruisers.
Senator Raggio moved that the Senate adjourn until Tuesday, May 11, 1999 at 11 a.m.
Motion carried.
Senate adjourned at 1:31 p.m.
Approved: Lawrence E. Jacobsen
President pro Tempore of the Senate
Attest: Janice L. Thomas