THE FIFTY-FOURTH DAY
Carson City (Friday), March 30, 2001
Assembly called to order at 10:46 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Arberry, Brown, Collins and Price, who were excused.
Prayer by the Chaplain, Pastor Albert Tilstra.
Our Lord, You who are the way, the Truth and the Life, hear us as we pray for the truth that shall make men free. Teach us that liberty is not only to be loved but also to be lived. Make us to see that our liberty is not the right to do as we please but the opportunity to do what is right. So may Your servants, the members of this body, do what is right, that Your blessing can rest upon their work and give them a good conscience. We pray.
Amen.
Pledge of allegiance to the Flag.
Assemblyman Parks moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 74, 154, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Joseph E. Dini, Jr., Chairman
Mr. Speaker:
Your Committee on Education, to which was referred Assembly Bill No. 318, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Wendell P. Williams, Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 285, 440, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Douglas A. Bache, Chairman
Mr. Speaker:
Your Committee on Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 30, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Marcia de Braga, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 29, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 19; Senate Concurrent Resolution No. 7.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 114, 282.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 7:
Assemblyman Parks moved that the resolution be referred to the Committee on Health and Human Services.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
Senate Bill No. 114.
Assemblyman Parks moved that the bill be referred to the Committee on Education.
Motion carried.
Senate Bill No. 282.
Assemblyman Parks moved that the bill be referred to the Committee on Judiciary.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Assembly Bill No. 105 be taken from the Chief Clerk's desk and placed on the General File.
Remarks by Assemblyman Anderson.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 35.
Bill read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 37.
Amend sec. 3, page 1, by deleting lines 9 and 10 and inserting:
“program of training for employees of each medical facility, health care facility that provides services to Medicaid patients, indigent persons or other low-income persons and ”.
Amend sec. 3, page 2, between lines 2 and 3, by inserting:
“3. As used in this section, “medical facility” has the meaning ascribed to it in NRS 449.0151.”.
Assemblywoman Koivisto moved the adoption of the amendment.
Remarks by Assemblywoman Koivisto.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 54.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 68.
Amend the bill as a whole by deleting section 1, renumbering sections 2 through 9 as sections 4 through 11 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
“Section 1. Chapter 171 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If, at any time during the period of limitation prescribed in NRS 171.085 and 171.095, a victim of kidnapping, attempted murder or felony aggravated stalking, or a person authorized to act on behalf of such a victim, files with a law enforcement officer a written report concerning the offense, the period of limitation prescribed in NRS 171.085 and 171.095 is extended for 12 years.
2. If a written report is filed with a law enforcement officer pursuant to subsection 1, the law enforcement officer shall provide a copy of the written report to the victim or the person authorized to act on behalf of the victim.
3. As used in this section:
(a) “Felony aggravated stalking” means the crime of aggravated stalking for which the penalty prescribed is a felony.
(b) “Law enforcement officer” has the meaning ascribed to it in NRS 171.083.
Sec. 2. NRS 171.085 is hereby amended to read as follows:
171.085 Except as otherwise provided in NRS 171.083 and 171.095, and section 1 of this act, an indictment for:
1. Theft, robbery, burglary, forgery, arson or sexual assault must be found, or an information or complaint filed, within 4 years after the commission of the offense.
2. Any felony other than murder, theft, robbery, burglary, forgery, arson or sexual assault must be found, or an information or complaint filed, within 3 years after the commission of the offense.
Sec. 3. NRS 171.095 is hereby amended to read as follows:
171.095 1. Except as otherwise provided in subsection 2 and NRS 171.083 [:] and section 1 of this act:
(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 NRS 202.885.
(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.”.
Amend sec. 2, page 3, by deleting lines 2 and 3 and inserting:
“biological specimen from a defendant pursuant to [this subsection] :
(a) Subsection 3 is a charge against the county in this state in which the defendant was convicted ; or
(b) Subsection 4 is a charge against the county of residence of the defendant,
and”.
Amend sec. 2, page 3, line 21, by deleting: “ [.] ; or” and inserting “; [.]”.
Amend sec. 2, page 3, by deleting line 22 and inserting:
“(l) Kidnapping pursuant to NRS 200.310 to 200.340, inclusive; or
(m) An attempt or conspiracy to commit an offense listed in this subsection.”.
Amend sec. 5, page 7, line 21, by deleting “blood” and inserting “[blood] genetic”.
Amend sec. 5, page 7, line 23, by deleting “blood” and inserting “[blood] genetic”.
Amend sec. 7, page 7, line 28, by deleting “section 1” and inserting:
“sections 1, 2 and 3”.
Amend sec. 8, page 7, line 33, by deleting:
“2 to 5,” and inserting:“4 to 7,”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 96.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 41.
Amend section 1, pages 1 and 2, by deleting lines 13 through 18 on page 1 and lines 1 through 5 on page 2, and inserting: “equivalent, or better.
(b) Collateralized mortgage obligations that are rated by a nationally recognized rating service as “AAA” or its equivalent.
(c) Asset-backed securities that are rated by a nationally recognized rating service as “AAA” or its equivalent.
2. With respect to investments purchased pursuant to paragraph (a) of subsection 1:
(a) Such investments must not, in aggregate value, exceed 20 percent of the total portfolio as determined on the date of purchase;
(b) Not more than 25 percent of such investments may be in notes, bonds and other unconditional obligations issued by any one corporation; and
(c) If the rating of an obligation is reduced to a level that does not meet the requirements of that paragraph, the obligation must be sold as soon as possible.
3. Subsections 1 and 2 do not:”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 110.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 128.
Amend the bill as a whole by renumbering sections 2 and 3 as sections 3 and 4 and adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. Chapter 67 of NRS is hereby amended by adding thereto a new section to read as follows:
In a county whose population is 400,000 or more, a person who lives 65 miles or more from the justice’s court is exempt from serving as a trial juror. Whenever it appears to the satisfaction of the justice’s court, by affidavit or otherwise, that a juror lives 65 miles or more from the justice’s court, the justice’s court shall order the juror excused from all service as a trial juror, if the juror so desires.”.
Amend sec. 2, page 2, line 6, by deleting “citizens” and inserting:
“[citizens] qualified electors, whether or not registered as voters,”.
Amend sec. 2, page 2, by deleting lines 8 through 11 and inserting:
“2. In a county whose population is 400,000 or more, the justice may summon to the court, from the qualified electors of the county, whether or not registered as voters, and not from the bystanders, the number of”.
Amend the bill as a whole by deleting sec. 4, renumbering sec. 5 as sec. 6 and adding a new section designated sec. 5, following sec. 3, to read as follows:
“Sec. 5. NRS 6.020 is hereby amended to read as follows:
6.020 1. [Upon] Except as otherwise provided in subsections 2 and 3 and section 2 of this act, upon satisfactory proof, made by affidavit or otherwise, the following-named persons, and no others , [except as otherwise provided in subsections 2 and 3,] are exempt from service as grand or trial jurors:
(a) Any federal or state officer.
(b) Any judge, justice of the peace or attorney at law.
(c) Any county clerk, recorder, assessor, sheriff, deputy sheriff, constable or police officer.
(d) Any locomotive engineer, locomotive fireman, conductor, brakeman, switchman or engine foreman.
(e) Any officer or correctional officer employed by the department of prisons.
(f) Any employee of the legislature or the legislative counsel bureau while the legislature is in session.
(g) Any physician, optometrist or dentist who is licensed to practice in this state.
(h) Any person who has a fictitious address pursuant to NRS 217.462 to 217.471, inclusive.
2. All persons of the age of 70 years or over are exempt from serving as grand or trial jurors. Whenever it appears to the satisfaction of the court, by affidavit or otherwise, that a juror is over the age of 70 years, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.
3. A person who is the age of 65 years or over who lives 65 miles or more from the court is exempt from serving as a grand or trial juror. Whenever it appears to the satisfaction of the court, by affidavit or otherwise, that a juror is the age of 65 years or over and lives 65 miles or more from the court, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 197.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 43.
Amend section 1, page 1, line 4, by deleting:
“prospective and existing”.
Amend section 1, page 1, line 5, by deleting:
“can be or”.
Amend section 1, page 1, line 6, by deleting “the customer” and inserting:
“or purchased for those customers”.
Amend section 1, pages 1 and 2, by deleting lines 11 through 15 on page 1 and lines 1 through 3 on page 2, and inserting:
“that the electric utility sends to its customers; and
(2) If the electric utility maintains a website on the Internet or its successor, if any, on that website; and”.
Amend section 1, page 2, line 19, after “commission” by inserting:
“, in cooperation with the division of environmental protection of the state department of conservation and natural resources,”.
Amend section 1, page 2, by deleting lines 25 through 28 and inserting:
“(c) Information concerning customer service.
(d) Information concerning energy programs that provide assistance”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Assemblyman Bache moved that upon return from the printer Assembly Bill No. 197 be re-referred to the Committee on Ways and Means. Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Ways and Means.
Assembly Bill No. 290.
Bill read second time and ordered to third reading.
Assembly Bill No. 325.
Bill read second time and ordered to third reading.
Assembly Joint Resolution No. 4 of the 70thSession.
Resolution read second time and ordered to third reading.
Senate Bill No. 199.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Assembly Bill No. 105 be taken from its position on the General File and placed at the top of the General File.
Remarks by Assemblyman Anderson.
Motion carried.
general file and third reading
Assembly Bill No. 105.
Bill read third time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 133:
Amend sec. 4, page 2, line 20, by deleting “intended” and inserting “ordinary”.
Amend sec. 4, page 2, line 21, after “property.” by inserting:
“The term does not include model rockets and model rocket engines that are designed, sold and used for the purpose of propelling model rockets.”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assemblyman Anderson moved that upon return from the printer Assembly Bill No. 105 be placed on the Chief Clerk’s desk.
M otion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Assembly Bills Nos. 1, 223, 310, 344, 545 and Senate Bill No. 53 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bill No. 84; Assembly Concurrent Resolutions Nos. 17, 18; Senate Concurrent Resolution No. 25.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Anne Marie Shank, Brenda Steffan, Anne Marie Theuret, Nicholas Rhea, Lauren Forbus, A. J. Seeliger, Katie Fulton, Clara Bauer, Vanessa Stephens, Adam Ledbetter, Desi Seal, Christina Hale, Vanessa Lanphear, Desi Holderman, Ian Knight, Eric Rhea, Jodie Scribner, Johnny Deurmeier, Molly Conlin, Corey Bohner, Tarah Fleiner, Siobhan Mulreany, Carisa Martin, Lorina Daviton, Randy Monroe, Kelton Jensen, Layne Wigglesworth, Kevin Netcher, Dacota Cobb, Brittany Bivins, Cierra Grinsted, Adam Wilson, Larissa Works, Kelley Tolbert, Dawn Ponder, James Williams, Erik Fleiner and Shannon Brown.
On request of Assemblywoman Ohrenschall, the privilege of the floor of the Assembly Chamber for this day was extended to Rebecca Brillhart.
On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Nicole Carlevato, Christa Casci, Isabel Coscarart, Jenna Duralde, Benjamin Ediss, Sarah Ferguson, Cassie Fillmore, Jeffrey Ludel, Noelle Magrath, Trent Simpson, Sam Staub, Jordan Tackett, Siera Trotter, Jessie Trulin, Christopher Willey, Erica Wright, Carmen Carlevato, Tonya Ediss, Cathy Ferguson, Kay Foley, Daniel Magrath, Debbie Trulin and Claudia Holler.
Assemblywoman Buckley moved that the Assembly adjourn until Monday, April 2, 2001 at 11:00 a.m.
Motion carried.
Assembly adjourned at 11:19 a.m.
Approved:Richard D. Perkins
Attest: Jacqueline Sneddon