Carson City (Thursday), May 29, 1997

Assembly called to order at 11:12 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Nolan, who was excused.
Prayer by the Chaplain, Lt. John Van Cleef.
Father God, Scripture states that a king's heart is moved by Your hand in the same manner as water flowing through channels. In Jesus' name, may the hearts of the legislators here gathered be moved by Your hand as they represent the people of this great state.

Amen.

Pledge of allegiance to the Flag.

Assemblyman Perkins 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.

Richard Perkins,

Chairman

Mr. Speaker:
Your Committee on Health and Human Services, to which was referred Assembly Bill No. 460, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Vivian L. Freeman,

Chairman

Mr. Speaker:
Your Committee on Infrastructure, to which was referred Assembly Joint Resolution No. 8, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

David Goldwater,

Chairman

Mr. Speaker:
Your Committee on Judiciary, to which were referred Senate Bills Nos. 118, 212, 240, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Bernie Anderson,

Chairman

Mr. Speaker:
Your Concurrent Committee on Ways and Means, to which was referred Assembly Bill No. 104, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry, Jr.,

Chairman

Mr. Speaker:
Your Committee on Ways and Means, to which was referred Assembly Bill No. 435, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry, Jr.,

Chairman

Senate Chamber, Carson City, May 26, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 180, 271.

Mary Jo Mongelli

Assistant Secretary of the Senate

Senate Chamber, Carson City, May 28, 1997

To the Honorable the Assembly:
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Assemblywoman Freeman moved that the Assembly recess subject to the call of the Chair.
Motion carried.

Assembly in recess at 11:18 a.m.

At 11:21 a.m.
Mr. Speaker presiding.
Quorum present.

By the Committee on Ways and Means:
Assembly Bill No. 550--An Act relating to state financial administration; extending the prospective date for the reversion of the appropriation made during previous session to the Department of Education for the development and implementation of a computer system for the licensing of teachers and other educational personnel; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 129.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Senate Bill No. 181.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Senate Bill No. 258.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Senate Bill No. 296.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Senate Bill No. 331.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.

Senate Bill No. 377.
Assemblyman Perkins moved that the bill be referred to the Concurrent Committees on Judiciary and Ways and Means.
Motion carried.

Senate Bill No. 380.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

Assembly Bill No. 76.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 439.
Amend the bill as a whole by deleting sec. 2 and adding a new section designated sec. 2, following section 1, to read as follows:
"Sec. 2. The provisions of sections 3 and 4 of this act do not apply to a governing body in a county in which a regional planning commission has been created pursuant to NRS 278.026 to 278.029, inclusive.".
Amend sec. 4, page 2, by deleting lines 10 through 18 and inserting:
"development that is intended to provide affordable housing unless it finds that:
(a) The residential development as proposed is inconsistent with the master plan for the area as it existed on the date the application of the residential development was determined to be complete;".
Amend sec. 4, page 2, by deleting lines 29 through 38 and inserting:
"(d) The residential development, as proposed, would have a specific adverse effect on the public health, safety or welfare and there is no feasible method by which to mitigate or avoid satisfactorily the specific adverse effect without rendering the development unaffordable to households with low or moderate levels of income.".
Amend sec. 4, page 2, line 39, by deleting "3." and inserting "2.".
Amend sec. 4, page 3, by deleting lines 1 and 2 and inserting:
"developed at a lower density unless it sets forth written findings that:".
Amend sec. 4, page 3, line 10, by deleting "4." and inserting "3.".
Amend sec. 5, page 3, line 22, by deleting:
"and section 2 of this act,".
Amend the bill as a whole by deleting sec. 6 and renumbering sec. 7 as sec. 6.
Amend the title of the bill, first line, after "government" by inserting:
"in certain counties".
Amend the summary of the bill, first line, after "government" by inserting:
"in certain counties".
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. 387.
Bill read second time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 427.
Amend section 1, page 1, by deleting lines 15 through 17 and inserting:
"(a) Propose a common date for a presidential preference caucus or primary election, to be known, as applicable, as the Rocky Mountain Presidential Preference Caucus or Primary Election;".
Amend section 1, page 1, line 20, by deleting "Primary;" and inserting:
"Caucus or Primary Election;".
Assemblywoman Giunchigliani moved the adoption of the amendment.
Remarks by Assemblywoman Giunchigliani.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 403.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 397.
Amend sec. 2, page 1, line 5, after "means a" by inserting:
"regional transportation commission,".
Amend sec. 2, page 1, line 6, after "2." by inserting:
" "Toll bridge" means any structure that is elevated over a depression or obstruction, including, without limitation, a waterway, highway or railway used primarily for vehicular traffic, and for which a charge is paid for each use. The term includes all roads that access a toll bridge and works incidental to the construction or operation of a toll bridge.
3.".
Amend sec. 3, page 1, by deleting lines 13 through 15 and inserting:
"road or toll bridge must be a new road or bridge.".
Amend sec. 5, page 2, line 14, by deleting "40" and inserting "30".
Amend sec. 8, page 3, by deleting lines 15 and 16 and inserting:
"provisions of this chapter.".
Amend sec. 10, page 3, by deleting lines 29 through 31 and inserting:
"3. The toll road or toll bridge must be a new road or bridge.".
Amend sec. 10, page 3, by deleting lines 33 and 34 and inserting:
"road or toll bridge pursuant to the provisions of this chapter.".
Amend the title of the bill, first line, by deleting "governments" and inserting:
"governments, regional transportation commissions".
Amend the summary of the bill, first line, by deleting "governments" and inserting:
"governments, regional transportation commissions".
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 420.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 468.
Amend section 1, page 1, line 3, after "compensation" by inserting "only".
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. 431.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 466.
Amend section 1, page 1, line 2, by deleting "$343,995" and inserting "$292,994".
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 434.
Bill read second time.
The following amendment was proposed by the Committee on Ways and Means:
Amendment No. 467.
Amend section 1, page 1, line 3, by deleting "$421,726" and inserting "$453,788".
Assemblyman Arberry moved the adoption of the amendment.
Remarks by Assemblyman Arberry.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 442.
Bill read second time.
The following amendment was proposed by the Committee on Transportation:
Amendment No. 396.
Amend section 1, page 1, by deleting lines 3 through 6 and inserting:
"1. The administrator may by contract, for the operation of any rural branch office, appoint a public agency as an agent to assist in carrying out the duties of the department that are set forth in this chapter.".
Amend section 1, page 1, between lines 10 and 11, by inserting:
"3. As used in this section, "rural branch office" means a branch office that is:
(a) Established by the administrator pursuant to NRS 481.055; and
(b) Located within a city or town, the population of which is less than 25,000.".
Amend sec. 6, page 4, line 3, by deleting "may voluntarily" and inserting "shall ".
Assemblywoman Chowning moved the adoption of the amendment.
Remarks by Assemblywoman Chowning.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 458.
Bill read second time and ordered to third reading.

Assembly Bill No. 459.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 443.
Amend section 1, page 1, line 11, after "unless" by inserting:
"the commission has reason to believe".
Amend section 1, page 1, by deleting lines 13 through 16 and inserting:
"to protect the interests of the public. Before any such record may be examined, the commission shall submit a written request identifying the applicable reason for and facts justifying the examination. If the commission examines a record of an employee, including, without limitation, a record listed in subsection 3, the commission shall regard the information contained in that record as confidential and shall not disclose the information publicly".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 128.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 469.
Amend section 1, page 1, line 8, by deleting "is" and inserting "are".
Amend section 1, page 1, by deleting lines 9 and 10.
Amend section 1, page 1, line 11, by deleting "3." and inserting "2.".
Amend section 1, page 1, line 14, by deleting "4." and inserting "3.".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.

Senate Bill No. 136.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 444.
Amend the bill as a whole by deleting section 1 and renumbering sections 2 through 4 as sections 1 through 3.
Amend sec. 2, page 2, line 16, after "departments." by inserting:
"Such a resolution must be enacted on or before January 1 of the year in which the additional municipal judge is to be elected and must prohibit the commencement of the operations of the additional department until the additional judge has been elected and takes office.".
Amend sec. 2, page 2, by deleting lines 21 through 24 and inserting:
"3. If the city council creates an additional department pursuant to subsection 1, the municipal judge who will preside over that department must be elected at the next municipal election that meets the requirements of subsection 1.".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 246.
Bill read second time and ordered to third reading.

Senate Chamber, Carson City, May 29, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolutions Nos. 44, 45.

Mary Jo Mongelli

Assistant Secretary of the Senate

Senate Concurrent Resolution No. 45.
Assemblyman Lee moved the adoption of the resolution.
Remarks by Assemblymen Lee, Dini, Segerblom, Price, Krenzer, Chowning, Braunlin and Buckley.
Assemblyman Price requested that the following remarks be entered in the Journal.
Assemblyman Lee:
Thank you, Mr. Speaker. In this political world we live in, we're really probably not supposed to have favorites, but Paul Christensen has been a favorite of mine for many years, and I've enjoyed knowing him. Paul also has a life outside of this place. He was a pilot in the Air Force; he has been married for 44 years; he has four children and eight grandchildren; and he has been a very good family man throughout his years of public service.
His father, M. J. Christensen, served in the Assembly for 12 years and in the Senate for four years. I believe his father also served with you, Mr. Dini, during the last meetings held in the Capitol Building when the money was appropriated for this new building. It's my honor to present to you Paul Christensen, a great native Nevadan.
Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks:
I can't let this go by without saying something about Paul. I remember when he was a city councilman and we had the big fights about annexation. Then he became a county commissioner, and he had the same fight on the other side. I think he changed direction there somewhere in between. I remember his father was a great man, a great Nevadan, and Paul is too. We appreciate all your public service.
Assemblywoman Segerblom:
Thank you, Mr. Chairman. I rise in support of SCR 45. I served on the Las Vegas Convention Board with Paul Christensen, representing Boulder City, of course. Paul made it as much fun as the Speaker makes for us here on the Assembly floor.
I think we should also recognize Paul's wife, Norma, because Norma and I steered him around London one time and he would have gotten lost without us. He doesn't know directions too well. We were there, by the way, as guests of someone else, not at the expense of the Convention Authority or the State of Nevada. We were hosted.
Assemblyman Price:
Thank you, Mr. Speaker. I, too, take great pleasure and honor in rising in support of SCR 45. I, like many others here, have been friends with and have known Paul and watched his service to our community and our state for many, many years. He has always served his electorate and our state in the finest manner. He has always been very approachable. Paul is easily accessible to everyone.
Paul has been a wonderful servant of Nevada, and I'm so pleased that we're recognizing him today.
Assemblywoman Krenzer:
Thank you, Mr. Speaker. I, too, rise in support of Senate Concurrent Resolution 45. While words like "kind" and "gentle" describe former Commissioner Bingham, "gruff" is a term that's been referred to in connection with Commissioner Christensen. He did not suffer fools. When people came to him with ideas, he would let them know if the idea wasn't acceptable. Commissioners Christensen and Bingham will be remembered best for serving during the time of the greatest growth in our county's history. Not only did they serve during that time, they both created the stable, consistent leadership that fostered and encouraged this growth. I'm very grateful to former Commissioner Christensen, and thank you to Commissioner Bingham.
Assemblywoman Chowning:
Thank you, Mr. Speaker. I, too, rise in support of SCR 45. I got to know Commissioner Christensen before he was a commissioner, while I was teaching two of his nephews. They listened to their Uncle Paul, and if they didn't toe the line, then he made sure that they knew about it. That is the attitude that he had with everyone. I think it's just great to have a reputation as a "straight-shooter," and while he might not have agreed with your position, you never had to worry about where you stood. We appreciate his tenure of service to Nevada.
Assemblywoman Braunlin:
Thank you, Mr. Speaker. I also rise in support of Senate Concurrent Resolution 45. Since I've been in office, I've had the pleasure of working with Paul Christensen, and I can honestly say that it has been a delight. There have been some very challenging times, but please know that I greatly appreciate all that you've done on behalf of southern Nevada and the entire state. Thank you.
Assemblywoman Buckley:
Thank you, Mr. Speaker. I think it only appropriate, as we're paying tribute to Commissioner Christensen and Commissioner Bingham, that we also recognize Pat Shalmy, who is joining us today and who is in the audience. His vision, working with the commissioners, made Clark County what it is today, and I think it's only appropriate that we welcome him to our Chambers.
Resolution adopted.

Assemblyman Lee moved that the Assembly recess subject to the call of the Chair.
Motion carried.

Assembly in recess at 12:01 p.m.

At 12:02 p.m.
Mr. Speaker presiding.
Quorum present.

Assembly Bill No. 193.
Bill read third time.
Remarks by Assemblywoman Krenzer.
Roll call on Assembly Bill No. 193:
Yeas -- 41.
Nays -- None.
Excused -- Nolan.
Assembly Bill No. 193 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 306.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Assembly Bill No. 306:
Yeas -- 41.
Nays -- None.
Excused -- Nolan.
Assembly Bill No. 306 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 344.
Bill read third time.
Remarks by Assemblyman Sandoval.
Roll call on Assembly Bill No. 344:
Yeas -- 41.
Nays -- None.
Excused -- Nolan.
Assembly Bill No. 344 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 374.
Bill read third time.
Remarks by Assemblyman Hettrick.
Roll call on Assembly Bill No. 374:
Yeas -- 41.
Nays -- None.
Excused -- Nolan.
Assembly Bill No. 374 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 409.
Bill read third time.
Remarks by Assemblyman Amodei.
Roll call on Assembly Bill No. 409:
Yeas -- 39.
Nays -- Carpenter, Segerblom - 2.
Excused -- Nolan.
Assembly Bill No. 409 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 423.
Bill read third time.
Remarks by Assemblymen Sandoval, Collins, Freeman and Anderson.
Roll call on Assembly Bill No. 423:
Yeas -- 40.
Nays -- Evans.
Excused -- Nolan.
Assembly Bill No. 423 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 436.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 436:
Yeas -- 41.
Nays -- None.
Excused -- Nolan.
Assembly Bill No. 436 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Senate Bill No. 227.
Bill read third time.
Remarks by Assemblywoman de Braga.
Potential conflict of interest declared by Assemblywoman de Braga.
Roll call on Senate Bill No. 227:
Yeas--41.
Nays--None.
Excused--Nolan.
Senate Bill No. 227 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Senate Joint Resolution No. 11.
Resolution read third time.
Remarks by Assemblyman Humke.
Roll call on Senate Joint Resolution No. 11:
Yeas -- 41.
Nays -- None.
Excused -- Nolan.
Senate Joint Resolution No. 11 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.

Assemblyman Perkins moved that the Assembly adjourn until Friday, May 30, 1997 at 11 a.m.
Motion carried.

Assembly adjourned at 12:37 p.m.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly