MINUTES OF MEETING

      ASSEMBLY COMMITTEE ON GOVERNMENT AFFAIRS

 

      Sixty-seventh Session

      February 17, 1993

 

 

 

The Assembly Committee on Government Affairs was called to order by Chairman Val Z. Garner at 8:10 a.m., Wednesday February 17, 1993, in room 101/102 of the Cashman Field Center, Las Vegas, Nevada.  Exhibit A is the Meeting Agenda.  Exhibit B is the Attendance Roster.

 

COMMITTEE MEMBERS PRESENT:

 

      Mr. Val Z. Garner, Chairman

      Mr. Rick C. Bennett, Vice Chairman

      Mrs. Kathy M. Augustine

      Mr. Douglas A. Bache

      Mrs. Marcia de Braga

      Mr. Lynn Hettrick

      Mrs. Erin Kenny

      Mrs. Joan A. Lambert

      Mr. James W. McGaughey

      Mr. Roy Neighbors

      Mrs. Gene W. Segerblom

      Mr. Wendell P. Williams

 

COMMITTEE MEMBERS ABSENT:

 

      Mrs. Vivian L. Freeman, Excused

 

GUEST LEGISLATORS PRESENT:

 

      None

 

STAFF MEMBERS PRESENT:

 

      Mr. Bob Erickson

      Mrs. Dana Bennett

 

OTHERS PRESENT:

 

      Mr. Stan Jones, Southern Nevada Homebuilders Association; Mr. Andrew Urban, City Attorney's Office, City of Henderson; Mr. Samuel Coon, Legal Division for Nevada Department of Transportation; Mr. John Papageorge, representing Clark County; Mr. Walter Sullivan, Carson City Community Development Department.

 

Chairman Garner reminded the public there would be no action taken on AB 177, AB 178 and AB 179 as there were changes which needed to be taken to Carson City. 

 

Chairman Garner introduced and welcomed a class from the Community College of Southern Nevada.

 

Mr. James McGaughey gave a brief review of AB 177, 178 and 179.  He indicated in the 1991 legislative session it was thought there needed to be an overhaul in the statutes regarding subdivision of state lands.  Mr. McGaughey stated he chaired an interim committee which in turn put together two technical committees, in which members of cities, county planning departments, zoning departments, homebuilder's associations, civil engineering, and many other areas, public and private, participated.  These bills were the results of the meetings held by the committees.  Mr. McGaughey said there were some technical problems with the interpretation of the bills which he felt should be resolved before public debate ensued, therefore, Mr. Erickson, Mr. McGaughey and a bill drafter would return to Clark County in the near future to meet with those involved.

 

Mr. Bob Erickson, Research Director, Legislative Counsel Bureau, gave a brief overview of the report "Subdivision of Land" (Bulletin 93-10) and indicated copies would be sent to members of the audience upon request (Exhibit C - in Research Library).

 

Mr. Erickson enumerated the major recommendations made in the report and which bills they pertained to, including two bills which would be heard in committee February 18.

 

Mr. Erickson stated some recommendations of the subcommittee were not included in the report, specifically to set up a separate definition for minor subdivision which includes division of land into four lots or less, and a definition for major subdivision, which is everything above that.  He indicated it was recommended by the legislative counsel after the study was completed that the law not differentiate between major and minor subdivisions as it was thought it was a change which was not substantive in nature.

 

Mrs. Lambert wondered if it would be simpler for everyone to understand the changes if the committee would entertain the idea of amending the bills and re-referring them back so the public would be able to see the changes in the bills.

 

Chairman Garner stated he would considered it, but he was not ready to make a decision yet.  He indicated he would like to see the appropriate changes made to the bills in subcommittee and brought back to committee.

 

Mr. McGaughey agreed and acknowledged the other members who had served on the interim committee.

 

Mrs. Segerblom asked if all the people who participated (listed on page two of Bulletin 93-10) had approved the changes made to the bills.

 

Mr. McGaughey agreed all those who had participated in the interim committee had agreed to the bills as presented.

 

Further discussion was held regarding the meetings held by the interim committee and subcommittees which worked on these bills.

 

Chairman Garner stated a subcommittee would be established consisting of Mrs. Lambert and Mr. Neighbors to work with Mr. McGaughey on these bills.

 

Mr. McGaughey asked Mr. Bennett also be included as he had been involved in the process since the beginning.  Chairman Garner indicated he would discuss it with Mr. Bennett.

 

Mr. John Papageorge, representing Clark County, indicated he was here to testify Clark County was in agreement to the concept of the bills proposed, stating Clark County would participate in the meetings which would be held.

 

ASSEMBLY BILL 177 - Makes various changes to requirements for division of land.

 

Mr. Erickson gave a brief overview of AB 177, indicating this was the so-called "surveying bill" which related to the division of land and affected the surveying community.  Mr. Erickson called attention to page 5, line 41 which changed the time period from 30 to 45 days to approve a parcel map after submission.  He stated in some rural counties planning commissions met only once a month, which made it difficult for them to receive an application for a parcel map and act within 30 days.  He commented this should have been put in AB 179 also, but had been left out by the bill drafters.

 

Mrs. Lambert questioned if the net result of this bill was to require a survey for a parcel map.

 

Mr. McGaughey answered he felt the intent was not to have an official survey done, the subdivision would be done on paper only.  He indicated this would be discussed in a meeting to be held at a later date.

 

Chairman Garner asked if the language could be made clear with respect to requiring a survey.

 

Mr. McGaughey replied there would be a meeting with Brett Lane and the other surveyors of the city, county and private sector to address those concerns.

 

Further discussion was held regarding wording in AB 177.

 

Mr. Andrew Urban, City Attorney's Office, City of Henderson, presented testimony against AB 177 (Exhibit D).

 

There being no further testimony, Chairman Garner closed the hearing on AB 177.

 

ASSEMBLY BILL 178 - Establishes procedure to consolidate certain lots of land.

 

Mr. Erickson gave a brief overview of AB 178, stating it pertained to consolidation of lots - parcels created at some time in the past which needed to be reconsolidated to make a larger parcel. 

 

Mr. Stan Jones, Southern Nevada Homebuilders Association, voiced concern regarding wording of section 8, stating if there were any errors made whatsoever, a purchaser could void his contract up to one year after purchase of the land.  He questioned the logic of this as in other sections there were allowances to make corrections if there were errors in any previously recorded maps.  Mr. Jones indicated he would like to see that section eliminated in its entirety.

 

Mr. Jones said the whole purpose of the interim committee was to attempt to reduce the time involved in recording a parcel map to 4-5 months rather than the present 7-9 months.

 

Mr. Andrew Urban, City Attorney's Office, City of Henderson, presented testimony against AB 178 (Exhibit D).  He stressed the public works department had a problem with the language contained in this bill and would like to work with the committee to come up with language which would be more acceptable to the City of Henderson.

 

Mr. Samuel Coon, representing the Legal Division for Nevada Department of Transportation (DOT), testified the director of DOT could dispose of property which the department acquired and was no longer needed for highway purposes.  He asked the committee to retain NRS 278.461 (Exhibit E) which provided an exemption for parcel maps for DOT when they disposed of property.

 

Mr. McGaughey stated one of the goals in the bills was for uniformity across the state in the way land was transferred.  He felt it was the thought of the interim committee that a buyer should know what he was buying, which was one of the purposes of a parcel map, and the interim committee did not feel the DOT should be treated any differently than a private seller.

 

Mr. Erickson indicated he felt Mr. Coon was referring to AB 179 rather than AB 178 and he believed the section in question was on page 3, lines 26-27 of which the subcommittee had recommended no change.

 

Mr. Walter Sullivan, Carson City Community Development Center, testified on AB 178, section 3, page 2, asking the committee to provide a longer time frame, indicating most planning commissions met only once a month which made the ten day limit somewhat binding.

 

Mr. McGaughey replied the section stated, "...'shall at its meeting or within ten days after the date...,' so you are covered within the next meeting."

 

Mr. Sullivan noted it said "whichever is earlier."  Mr. McGaughey clarified the definition, "If you can do it within ten days you are to do that.  If your meeting isn't for thirty days, then you would go to that meeting."

 

There being no further testimony, Chairman Garner closed the hearing on AB 178.

 

ASSEMBLY BILL 179 - Revises provisions governing division of land into four lots or less and revises provisions governing division of land into certain large parcels.

 

Mr. Erickson indicated the subcommittee was most interested in AB 179 and went into greater depth in discussing this bill, explaining the function of each section.

 

Mrs. Freemen questioned why the subdivision of parcels was set at 15 rather than some other number. 

 

Mr. Erickson replied, "Oftentimes a full section of land is divided into 40's, and when you divide a full section of land into 40's, then you have 16, so just to cover those divisions of sections...it was arbitrary."

 

Mr. Andrew Urban, City Attorney's Office, City of Henderson, presented testimony against AB 179 (Exhibit D).

 

Mr. Urban indicated AB 172 was related to these bills and asked the committee to look at AB 172 in conjunction with AB 177 through AB 181.

 

Mr. McGaughey indicated he had not spoken to each surveyor individually, but restated the surveyors, bill drafter, Mr. Erickson, Mr. McGaughey and the members of the subcommittee would be meeting as a group to take up the problems discussed and would agree upon what the changes should be.

 

Mr. Walter Sullivan, Carson City Community Development Center, testified on AB 179, stating, "Presently Carson City administratively handles the parcel map process.  I would request that you keep the administrative aspects from the planning director and keep this involved ... and would like to keep that provision in there."

 

There being no further testimony, Chairman Garner closed the hearing on AB 179.

 

Mrs. Kenny introduced and welcomed members of the Cimarron Memorial High School. 

 

Chairman Garner reminded the committee they would be participating in hearings that afternoon on reorganization at 1:30 p.m.

 

There being no further business to come before committee, the meeting was adjourned at 9:16 a.m.

 

      RESPECTFULLY SUBMITTED:

 

 

                             

      LINDA FEATHERINGILL

      Committee Secretary

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Assembly Committee on Government Affairs

February 17, 1993

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