THE ONE HUNDRED AND ELEVENTH DAY
Carson City (Saturday), May 22, 1999
Senate called to order at 10:06 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, the Reverend Bruce Henderson.
As King Solomon dedicated Your temple, he prayed “that Thine eyes may be open toward this house night and day.” Lord, we are now here night and day. We need Your presence and Your love to make it. We, too, ask that Thine eyes may be open toward this house night and day. And Lord, if You wouldn’t mind, could You watch over today’s ball game too?
I pray in my Savior’s name.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Finance, to which was referred Senate Bill No. 399, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Finance, to which were referred Assembly Bills Nos. 321, 525, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
William J. Raggio, Chairman
Madam President:
Your Committee on Finance, to which was referred Assembly Bill No. 527, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Raymond D. Rawson, Vice Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 21, 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. 9, 126, 292, 546, 547; Assembly Bills Nos. 269, 323, 684.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 322, Amendment No. 1008, and respectfully requests your honorable body to concur in said amendment.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 342, 686.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 71.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 31, Amendment No. 867; Senate Bill No. 38, Amendment No. 980; Senate Bill No. 68, Amendment No. 1051; Senate Bill No. 103, Amendment No. 985; Senate Bill No. 104, Amendment No. 973; Senate Bill No. 128, Amendment No. 984; Senate Bill No. 152, Amendments Nos. 892, 1107; Senate Bill No. 191, Amendment No. 943; Senate Bill No. 192, Amendment No. 1084; Senate Bill No. 210, Amendment No. 1039; Senate Bill No. 282, Amendment No. 1031; Senate Bill No. 302, Amendment No. 1091; Senate Bill No. 312, Amendment No. 839; Senate Bill No. 323, Amendment No. 1059; Senate Bill No. 362, Amendment No. 945; Senate Bill No. 375, Amendment No. 982; Senate Bill No. 387, Amendment No. 989; Senate Bill No. 391, Amendments Nos. 920, 1079, 1110, 1125; Senate Bill No. 423, Amendment No. 1007; Senate Bill No. 428, Amendment No. 1116; Senate Bill No. 435, Amendments Nos. 987, 1123; Senate Bill No. 436, Amendments Nos. 898, 1118; Senate Bill No. 470, Amendment No. 836; Senate Bill No. 473, Amendment No. 837; Senate Bill No. 475, Amendments Nos. 992, 1098; Senate Bill No. 476, Amendment No. 981; Senate Bill No. 477, Amendment No. 1062; Senate Bill No. 478, Amendment No. 1019; Senate Bill No. 500, Amendment No. 918; Senate Bill No. 521, Amendment No. 1087; Senate Bill No. 530, Amendment No. 897, and respectfully requests your honorable body to concur in said amendments.
Also, I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendment No. 955 to Assembly Bill No. 18; Senate Amendment No. 781 to Assembly Bill No. 53; Senate Amendment No. 954 to Assembly Bill No. 86; Senate Amendment No. 915 to Assembly Bill No. 363; Senate Amendment No. 914 to Assembly Bill No. 392; Senate Amendment No. 906 to Assembly Bill No. 406; Senate Amendment No. 951 to Assembly Bill No. 517; Senate Amendment No. 958 to Assembly Bill No. 583; Senate Amendment No. 960 to Assembly Bill No. 646.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen McClain, Brower and Ohrenschall as a first Conference Committee concerning Assembly Bill No. 267.
Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Brower, Leslie and Manendo as a first Conference Committee concerning Assembly Bill No. 617.
Also, I have the honor to inform your honorable body that the Assembly on this day respectfully refused to recede from its action on Senate Bill No. 519, Assembly Amendment No. 878 and requests a conference, and appointed Assemblymen McClain, Koivisto and Von Tobel as a first Conference Committee to meet with a like committee of the Senate.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Senator Rawson moved that Assembly Bill No. 527 be placed at the top of the Second Reading File.
Remarks by Senator Rawson.
Motion carried.
Assembly Concurrent Resolution No. 71—Providing for the compensation of the clergy for services rendered to the Assembly and the Senate during the 70th session of the Nevada Legislature.
Senator Raggio moved the adoption of the resolution.
Remarks by Senator Raggio.
Resolution adopted.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 144.
The following Assembly amendment was read:
Amendment No. 919.
Amend sec. 14, page 2, line 39, by deleting “If:” and inserting: “Except with respect to any payment withheld pursuant to section 15 of this act, if:”.
Amend sec. 14, page 3, by deleting lines 5 through 7 and inserting: “the public body shall pay or cause to be paid to the contractor any outstanding payment due, including, without limitation, retainage, and any interest accrued”.
Amend sec. 15, page 3, by deleting line 12 and inserting:
“Sec. 15. 1. A”.
Amend sec. 27.5, page 9, by deleting lines 14 and 15 and inserting: “failed to perform a duty to:
(a) Make a payment;
(b) Provide written notice of any withholding; or
(c) Provide information upon request relating to any payment with respect to a contract which has not been fully performed,
pursuant to one or more of the provisions of NRS 338.160 or sections 14 to 19, inclusive, of this act in a timely manner may apply to the district court of the county in which the public”.
Amend sec. 27.5, page 9, by deleting lines 18 through 29 and inserting: “perform the duty required pursuant to such a provision.”.
Amend sec. 27.5, page 9, line 30, by deleting “3.” and inserting “2.”.
Senator O’Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 144.
Remarks by Senator O’Connell.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 215.
The following Assembly amendment was read:
Amendment No. 922.
Amend the bill as a whole by deleting sec. 2 and renumbering sections 3 through 8 as sections 2 through 7.
Amend sec. 5, page 4, line 7, by deleting “[30] 45” and inserting “30”.
Senator O’Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 215.
Remarks by Senator O’Connell.
Motion carried.
Bill ordered enrolled.
Senate Bill No. 394.
The following Assembly amendment was read:
Amendment No. 870.
Amend section 1, page 1, line 2, by deleting: “2 to 6, inclusive,” and inserting: “2, 3 and 4”.
Amend sec. 2, page 1, by deleting lines 3 and 4 and inserting:
“Sec. 2. “Regional planning coalition” means the regional planning coalition described in section 3 of this act.”.
Amend the bill as a whole by deleting sections 4 and 5 and renumbering sections 6 through 14 as sections 4 through 12.
Amend sec. 6, page 2, by deleting line 20 and inserting:
“Sec. 4. 1. In a county whose population is 400,000 or more, the regional planning coalition shall cooperate”.
Amend sec. 6, page 2, lines 28 and 29, by deleting: “a regional land use coordinating entity” and inserting: “the regional planning coalition”.
Amend sec. 6, page 2, lines 41 and 42, by deleting: “land use coordinating entity” and inserting “planning coalition”.
Amend sec. 6, page 3, lines 3 and 4, by deleting: “land use coordinating entity” and inserting “planning coalition”.
Amend sec. 7, page 3, lines 23 and 24, by deleting: “2 to 6, inclusive,” and inserting: “2, 3 and 4”.
Amend sec. 8, page 3, by deleting lines 29 and 30 and inserting:
“1. In a county whose population is 400,000 or more, the commission shall cooperate with the local air pollution control board and the regional planning coalition in the county in”.
Amend sec. 8, page 3, line 40, by deleting: “land use coordinating entity;” and inserting “planning coalition;”.
Amend sec. 8, page 4, lines 2 and 3, by deleting: “land use coordinating entity;” and inserting “planning coalition;”.
Amend sec. 8, page 4, line 9, by deleting: “land use coordinating entity”” and inserting “planning coalition””.
Amend sec. 9, page 4, line 12, by deleting: “10 and 11” and inserting: “8 and 9”.
Amend sec. 10, page 4, line 13, by deleting “a” and inserting “the”.
Amend sec. 10, page 4, by deleting lines 14 and 15 and inserting: “local air pollution control board in a county whose population is 400,000 or more shall cooperate with the regional planning coalition and the regional transportation commission in”.
Amend sec. 10, page 4, line 24, by deleting: “land use coordinating entity” and inserting “planning coalition”.
Amend sec. 10, page 4, line 29, by deleting: “land use coordinating entity” and inserting “planning coalition”.
Amend sec. 10, page 4, line 36, by deleting: “land use coordinating entity”” and inserting “planning coalition””.
Amend sec. 12, page 6, line 10, by deleting: “10 and 11” and inserting: “8 and 9”.
Amend sec. 12, page 6, line 17, by deleting: “10 and 11” and inserting: “8 and 9”.
Amend sec. 13, page 6, line 37, by deleting “100,000” and inserting “400,000”.
Amend sec. 13, page 6, by deleting lines 38 through 42 and inserting: “city within such a county, each planning commission, as required pursuant to subsection 3 of NRS 445B.595, and the local air pollution control board, regional planning coalition and regional transportation commission within the county shall, on or before October 1, 2000, submit a concise statement of the effects on air quality by complex sources to the”.
Amend sec. 13, page 7, line 6, by deleting: “land use coordinating entity”” and inserting “planning coalition””.
Amend sec. 14, page 7, by deleting lines 11 through 15 and inserting:
“Sec. 12. 1. This section and section 11 of this act become effective upon passage and approval.
2. Sections 1, 2, 3, 5, 7, 9 and 10 of this act become effective on October 1, 1999.
3. Sections 4, 6 and 8 of this act become effective on July 1, 2001.”.
Senator O’Connell moved that the Senate concur in the Assembly amendment to Senate Bill No. 394.
Remarks by Senator O’Connell.
Motion carried.
Bill ordered enrolled.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 269.
Senator O’Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senator Raggio moved that the action whereby Assembly Bill No. 269 was referred to the Committee on Government Affairs be rescinded.
Remarks by Senator Raggio.
Motion carried.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 323.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 342.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 684.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 686.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 527.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1103.
Amend sec. 2, page 2, line 20, by deleting “$32,500,000” and inserting “$67,500,000”.
Amend sec. 2, page
2, by deleting line 21 and inserting: “Nevada, Las Vegas [;]
, $35,000,000 of which may be used for the construction, other
acquisition and improvement of a dental school and other structures and clinics
associated with the dental school.”.
Amend the bill as a whole by renumbering sec. 3 as sec. 5 and adding new sections designated sections 3 and 4, following sec. 2, to read as follows:
“Sec. 3. 1. The board of regents of the University of Nevada may, on behalf and in the name of the university, finance the construction, other acquisition and improvement of a dental school and other structures and clinics associated with the dental school at the University of Nevada, Las Vegas, by the issuance of bonds and other securities of the university in a total principal amount not exceeding $35,000,000. The bonds and other securities may be issued at one time or from time to time, within 5 years after the effective date of this act and, except as otherwise provided in this section, must be issued in accordance with the provisions of the University Securities Law. The total principal amount of any bonds issued pursuant to this section and pursuant to chapter 501, Statutes of Nevada 1991, as amended, for this purpose must not exceed $35,000,000.
2. The bonds or other securities issued pursuant to subsection 1 must be secured by a pledge of the revenues derived from or otherwise pertaining to the imposition and collection of fees for dental services provided at a facility for the University of Nevada, Las Vegas.
3. The provisions of this section do not limit the board in funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.
4. Any bonds or other securities issued pursuant to this section must not be considered to be obligations general, special, or otherwise of the state, or to be securities of debt of the state, and are not enforceable against the state.
Sec. 4. NRS 396.828 is hereby amended to read as follows:
1. Dormitories, apartments and other facilities for housing;
2. Cafeterias, dining halls and other facilities for food service;
3. Student union and other facilities for student activities;
4. Store or other facilities for the sale or lease of books, stationery, student supplies, faculty supplies, office supplies and like material;
5. Stadium, arena, theater, fieldhouse and other athletic or recreational facilities for use in part by spectators or otherwise;
6. Land and any structures, other facilities, or other improvements thereon used or available for use for the parking of vehicles used for the transportation by land or air of persons to or from such land and any improvements thereon;
7. Properties for providing heat or any other utility furnished by the university or the board to any facilities on its campus;
8. Investments and reinvestments of unrestricted endowments; [and]
9. Any revenue derived from or otherwise pertaining to the imposition and collection of fees for dental services provided at a facility of the university; and
10. Facilities of the desert research institute, including, without limitation, money from:
(a) Grants to the desert research institute by any person or the Federal Government;
(b) Contracts and leases between the desert research institute and any person or governmental entity;
(c) The investment of any money of the desert research institute; and
(d) Any other revenue received by the desert research institute, or by the board on behalf of the desert research institute pursuant to NRS 396.795 to 396.7956, inclusive.”.
Amend the title of the bill, sixth line, after “issued;” by inserting: “authorizing the issuance of bonds for the construction of a dental school; including any revenue derived from dental services provided at a facility of the system within the definition of “pledged revenues” for the purposes of the University Securities Law;”.
Senator Rawson moved the adoption of the amendment.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senator Rawson moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Assembly Bill No. 527 declared an emergency measure under the Constitution and placed on third reading and final passage.
Senator Rawson requested that his remarks be entered in the Journal.
This amendment does two things, it increases the revenue bonding authority for the university system, specifically for UNLV. It raises it from $32.5 to $67.5 million, and it states specifically that $35 million of this may be used for construction acquisition or improvement, essentially development of a dental school building. In the last part of the amendment, it adds revenues that may be used to retire that bond, and it is any revenue derived from or pertaining to the imposition and collections of dental fees anywhere in the university system. Essentially, this is the authority to be able to use those fees if they materialize for the development of the dental school building.
Motion carried unanimously.
Senate Bill No. 184.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1090.
Amend the bill as a whole by renumbering sections 1 through 3 as sections 12 through 14 and adding new sections designated sections 1 through 11, following the enacting clause, to read as follows:
“Section 1. Chapter 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. Except as otherwise provided in this section, if an advisory board has been created pursuant to section 4 of this act in the judicial district in which an offender was sentenced to imprisonment, the director shall, after consulting with the division of parole and probation of the department of motor vehicles and public safety, refer the offender to the advisory board if the director believes that the offender would participate successfully in and benefit from a program of treatment for the abuse of alcohol or drugs established pursuant to NRS 453.580 and:
(a) The offender has:
(1) Established a position of employment in the community, or a judge in the judicial district in which the offender was sentenced will assist the offender to establish a position of employment in the community; and
(2) Demonstrated an ability to pay for all or part of the costs of his participation in a program of treatment for the abuse of alcohol or drugs established pursuant to NRS 453.580, including, without limitation, costs for room and board, and to meet any existing obligation for restitution to any victim of his crime, or a judge in the judicial district in which the offender was sentenced will assist the offender to ensure that the offender has the ability to pay for such costs and to meet such obligations; and
(b) The offender:
(1) Is within 2 years of his probable release from prison as determined by the director; or
(2) Is imprisoned as a result of having had his parole or probation revoked on or after July 1, 1998, for a reason other than for committing a crime while on parole or probation.
2. Except as otherwise provided in this section, if the director is notified by an advisory board pursuant to section 4 of this act that an offender should be assigned to the custody of a court to participate in a program of treatment established pursuant to NRS 453.580, the director shall assign the offender to the custody of the court to participate in the program for not longer than the remainder of his sentence.
3. The director shall adopt, by regulation, standards providing which offenders are eligible to be assigned to the custody of a court pursuant to this section. The standards adopted by the director must provide that an offender who:
(a) Has recently committed a serious infraction of the rules of an institution or facility of the department;
(b) Has not performed the duties assigned to him in a faithful and orderly manner;
(c) Has ever been convicted of:
(1) Any crime involving the use or threatened use of force or violence against the victim that is punishable as a gross misdemeanor or felony; or
(2) A sexual offense;
(d) Has more than one prior incident which resulted in one or more convictions for any felony in this state or any offense in another state that would be a felony if committed in this state, not including a violation of NRS 484.3792 or 484.3795;
(e) Has escaped or attempted to escape from any jail or correctional institution for adults; or
(f) Has not made an effort in good faith to participate in or to complete any educational or vocational program or any program of treatment, as ordered by the director,
is not eligible for assignment to the custody of a court to participate in a program of treatment pursuant to this section.
4. A court to which an offender has been assigned pursuant to this section may return the offender to the custody of the department at any time.
5. If an offender assigned to the custody of a court pursuant to this section violates any of the terms or conditions imposed by the court and is returned to the custody of the department, the offender forfeits all or part of the credits for good behavior earned by him before he was returned to the custody of the department, as determined by the director. The director may provide for a forfeiture of credits pursuant to this subsection only after proof of the violation and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.
6. The assignment of an offender to the custody of a court pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the department,
except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department.
7. An offender does not have a right to be assigned to the custody of a court pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of sections 2 to 5, inclusive, of this act, or NRS 453.580 create any right or interest in liberty or property or establish a basis for any cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
8. The director shall not assign more than 150 offenders to the custody of a court to participate in a program of treatment for the abuse of alcohol or drugs pursuant to this section during each biennium.
Sec. 3. 1. A court to which an offender is assigned pursuant to section 2 of this act shall submit a claim for the cost of the offender to participate in the program of treatment that is incurred before the date on which the offender would probably be released from prison, as determined by the director pursuant to section 2 of this act, at the rate of $1,500 for the first month that the offender is assigned to the custody of the court and $250 for each month thereafter that the offender is assigned to the custody of the court, pro rata for any month that the offender is assigned to the custody of the court for less than a month.
2. Claims submitted pursuant to subsection 1 must be paid in the same manner as other claims against the state are paid.
Sec. 4. 1. Each court that has established a program of treatment for the abuse of alcohol or drugs pursuant to NRS 453.580 shall establish an advisory board to determine whether offenders who are referred by the director pursuant to section 2 of this act should be assigned to the custody of the court to participate in the program of treatment established pursuant to NRS 453.580.
2. The advisory board established pursuant to subsection 1 shall meet regularly to evaluate each offender referred by the director pursuant to section 2 of this act to determine whether the offender should be assigned to the custody of the court to participate in the program of treatment established pursuant to NRS 453.580.
3. If a majority of the members of the advisory board who are present at a meeting of the advisory board determine that an offender should be assigned to the custody of the court to participate in a program of treatment established pursuant to NRS 453.580 and the judge of the court to which the offender would be assigned agrees with the determination, the advisory board shall promptly notify the director of its determination.
Sec. 5. 1. An advisory board established pursuant to section 4 of this act must consist of at least:
(a) One judge of the court that established the advisory board who has experience related to a program of treatment for the abuse of alcohol or drugs established pursuant to NRS 453.580;
(b) A representative of the office of the district attorney of the county in which the court that established the advisory board is located;
(c) A representative of the office of the public defender of the county in which the court that established the advisory board is located, if such an office has been created in the county;
(d) A representative from a local law enforcement agency; and
(e) A person who has professional experience in the treatment of abuse of alcohol or drugs.
2. A majority of the members of the advisory board constitute a quorum. Except as otherwise provided in this subsection, a quorum may exercise all the power and authority conferred on the advisory board. An offender may not be assigned to the custody of a court without the approval of the judge of the court.
3. The members of the advisory board serve without compensation and may not receive a per diem allowance or travel expenses.
4. A member of the advisory board who is an officer or employee of this state or a political subdivision of this state must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the advisory board and perform any work necessary to carry out the duties of the advisory board in the most timely manner practicable. A state agency or political subdivision of this state shall not require an officer or employee who is a member of the advisory board to make up the time he is absent from work to carry out his duties as a member of the advisory board or use annual vacation or compensatory time for the absence.
5. Notwithstanding any other provision of law, a member of the advisory board:
(a) Is not disqualified from public employment or holding a public office because of his membership on the advisory board; and
(b) Does not forfeit his public office or public employment because of his membership on the advisory board.
Sec. 6. NRS 209.432 is hereby amended to read as follows:
209.432 As used in NRS 209.433 to 209.451, inclusive, unless the context otherwise requires:
1. “Offender” includes [a] :
(a) A person who is convicted of a felony under the laws of this state and sentenced, ordered or otherwise assigned to serve a term of residential confinement.
(b) A person who is convicted of a felony under the laws of this state and assigned to the custody of a court pursuant to section 2 of this act.
2. “Residential confinement” means the confinement of a person convicted of a felony to his place of residence under the terms and conditions established pursuant to specific statute. The term does not include any confinement ordered pursuant to NRS 176A.530 to 176A.560, inclusive, 176A.660 to 176A.690, inclusive, 213.15105, 213.15193 or 213.152 to 213.1528, inclusive.
Sec. 7. NRS 209.446 is hereby amended to read as follows:
(a) For the period he is actually incarcerated under sentence; [and]
(b) For the period he is in residential confinement[,] ; and
(c) For the period he is in the custody of a court pursuant to section 2 of this act,
a deduction of 10 days from his sentence for each month he serves.
2. In addition to the credit provided for in subsection 1, the director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning an associate degree, 90 days.
3. The director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is entitled to the entire 20 days of credit each month which is authorized in subsections 1 and 2.
4. The director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.
5. The board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
6. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence; and
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence which must be served before a person becomes eligible for parole.
Sec. 8. NRS 209.4465 is hereby amended to read as follows:
(a) For the period he is actually incarcerated pursuant to his sentence; [and]
(b) For the period he is in residential confinement[,] ; and
(c) For the period he is in the custody of a court pursuant to section 2 of this act,
a deduction of 10 days from his sentence for each month he serves.
2. In addition to the credits allowed pursuant to subsection 1, the director may allow not more than 10 days of credit each month for an offender whose diligence in labor and study merits such credits. In addition to the credits allowed pursuant to this subsection, an offender is entitled to the following credits for educational achievement:
(a) For earning a general equivalency diploma, 30 days.
(b) For earning a high school diploma, 60 days.
(c) For earning his first associate degree, 90 days.
3. The director may, in his discretion, authorize an offender to receive a maximum of 90 days of credit for each additional degree of higher education earned by the offender.
4. The director may allow not more than 10 days of credit each month for an offender who participates in a diligent and responsible manner in a center for the purpose of making restitution, conservation camp, program of work release or another program conducted outside of the prison. An offender who earns credit pursuant to this subsection is eligible to earn the entire 20 days of credit each month that is allowed pursuant to subsections 1 and 2.
5. The director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.
6. The board shall adopt regulations governing the award, forfeiture and restoration of credits pursuant to this section.
7. Credits earned pursuant to this section:
(a) Must be deducted from the maximum term imposed by the sentence; and
(b) Apply to eligibility for parole unless the offender was sentenced pursuant to a statute which specifies a minimum sentence that must be served before a person becomes eligible for parole.
Sec. 9. NRS 212.187 is hereby amended to read as follows:
2. A person who voluntarily engages in sexual conduct with a prisoner who is in lawful custody or confinement, other than in the custody of a court pursuant to section 2 of this act or residential confinement, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. As used in this section, “sexual conduct”:
(a) Includes acts of masturbation, homosexuality, sexual intercourse or physical contact with another person’s clothed or unclothed genitals or pubic area to arouse, appeal to or gratify the sexual desires of a person.
(b) Does not include acts of a person who has custody of a prisoner or an employee of the institution in which the prisoner is confined that are performed to carry out the necessary duties of such a person or employee.
Sec. 10. NRS 453.580 is hereby amended to read as follows:
2. A program to which a court assigns a person pursuant to subsection 1 or to which a person is assigned pursuant to section 2 of this act must include:
(a) Information and encouragement for the participant to cease abusing alcohol or using controlled substances through educational, counseling and support sessions developed with the cooperation of various community, health, substance abuse, religious, social service and youth organizations;
(b) The opportunity for the participant to understand the medical, psychological and social implications of substance abuse; and
(c) Alternate courses within the program based on the different substances abused and the addictions of participants.
3. If the offense with which the person was charged involved the use or possession of a controlled substance, in addition to the program or as a part of the program the court must also require frequent urinalysis to determine that the person is not using a controlled substance. The court shall specify how frequent such examinations must be and how many must be successfully completed, independently of other requisites for successful completion of the program.
4. Before the court assigns a person to a program pursuant to this section, the person must agree to pay the cost of the program to which he is assigned and the cost of any additional supervision required pursuant to subsection 3, to the extent of his financial resources. If the person does not have the financial resources to pay all of the related costs, the court shall, to the extent practicable, arrange for the person to be assigned to a program at a facility that receives a sufficient amount of federal or state funding to offset the remainder of the costs.
Sec. 11. There is hereby appropriated from the state general fund to the Administrator of the Courts of the Second Judicial District of the State of Nevada the sum of $330,000 for the continuation of its programs of treatment for the abuse of alcohol or drugs by certain persons established pursuant to NRS 453.580. The appropriation must be disbursed as follows:
1. For the district court, the sum of $250,000.
2. For the family court, the sum of $80,000.”.
Amend sec. 2, page 1, by deleting line 10 and inserting:
“Sec. 13. Any remaining balance of an appropriation made by section 11 or 12”.
Amend sec. 3, page 2, by deleting line 1 and inserting:
“Sec. 14. 1. This act becomes effective on July 1, 1999.
2. Sections 1 to 10, inclusive, of this act expire by limitation on June 30, 2001.”.
Amend the title of the bill to read as follows:
“AN ACT relating to programs of treatment for abuse of alcohol or drugs; providing that certain prisoners may be assigned to the custody of a court to participate in a program of treatment for the abuse of alcohol or drugs; making an appropriation to the Second Judicial District Court and the Eighth Judicial District Court for the continuation of their programs of treatment for abuse of alcohol or drugs by certain persons; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides that certain prisoners may be assigned to custody of court to participate in program of treatment for abuse of alcohol or drugs and makes appropriation to Second Judicial District Court and Eighth Judicial District Court. (BDR 16‑262)”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senators Raggio and O’Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 443.
Bill read second time and ordered to third reading.
Senate Bill No. 504.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 1102.
Amend section 1, page 1, line 3, by deleting “$490,850” and inserting “$290,144”.
Amend section 1, page 1, line 4, by deleting “$48,000” and inserting “$65,278”.
Amend sec. 2, page 1, line 12, by deleting “$8,246,739” and inserting “$9,823,840”.
Amend sec. 2, page 1, line 13, by deleting “$49,450” and inserting “$40,220”.
Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:
“Sec. 3. 1. There is hereby appropriated from the state highway fund to the Department of Transportation the sum of $4,332,250 for the costs to complete the development and installation of the 800 MHz radio communication system.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state highway fund as soon as all payments of money committed have been made.”.
Amend the title of the bill, second line, by deleting “Project;” and inserting: “Project and to the Department of Transportation for completion of 800 MHz radio communication system;”.
Amend the summary of the bill, second line, by deleting the period and inserting: “and to Department of Transportation for completion of 800 MHz radio communication system.”.
Senator Raggio moved the adoption of the amendment.
Remarks by Senators Raggio, O’Connell and Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 545.
Bill read second time and ordered to third reading.
Assembly Bill No. 103.
Bill read second time and ordered to third reading.
Assembly Bill No. 346.
Bill read second time and ordered to third reading.
Assembly Joint Resolution No. 26.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
By Senator Amodei:
Senate Joint Resolution No. 22—Urging Congress to ensure that proposed federal legislation to revise certain laws governing providers of financial services does not interfere with the jurisdiction of this state to regulate providers of insurance for the protection of its residents.
Senator Amodei moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.
Senator Porter moved that Senate Bill No. 432 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Porter.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Joint Resolution No. 5 of the 69th Session.
Resolution read third time.
Roll call on Assembly Joint Resolution No. 5 of the 69th Session:
Yeas—11.
Nays—Amodei, Care, Carlton, James, Mathews, O’Connell, Porter, Rhoads, Titus, Wiener—10.
Assembly Joint Resolution No. 5 of the 69th Session having received a constitutional majority, Madam President declared it passed, as amended.
Resolution ordered transmitted to the Assembly.
Assembly Bill No. 527.
Bill read third time.
Senator Rawson disclosed that he is an employee of the university system and a dentist.
Roll call on Assembly Bill No. 527:
Yeas—20.
Nays—None.
Not Voting—Titus.
Assembly Bill No. 527 having received a constitutional majority, Madam President declared it passed, as amended.
Senator Rawson moved that all rules be suspended and that Assembly Bill No. 527 be immediately transmitted to the Assembly.
Motion carried unanimously.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bills Nos. 10, 21, 32, 39, 50, 51, 61, 117, 139, 169, 181, 194, 211, 235, 244, 273, 287, 289, 300, 310, 338, 341, 366, 408, 421, 437, 442, 537; Senate Joint Resolutions Nos. 1, 3, 10, 12; Assembly Bills Nos. 18, 53, 71, 82, 86, 159, 309, 363, 392, 406, 457, 517, 520, 528, 539, 543, 583, 590, 591, 599, 637, 638, 641, 646; Assembly Concurrent Resolution No. 69.
Senator Raggio moved that the Senate adjourn until Monday, May 24, 1999 at 11 a.m.
Motion carried.
Senate adjourned at 10:59 a.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas
Secretary of the Senate