NEVADA LEGISLATURE
Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND THIRTY-FOURTH DAY
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Carson City (Monday), June 2, 1997
Assembly called to order at 10:39 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Carpenter, who was excused.
Prayer by the Chaplain, The Reverend Lisa Schilbe.
Almighty and powerful God, who are we that You are mindful of us? Yet You have created us a little lower than the Heavenly beings and given us dominion over Your creation. As Your children, we humble ourselves before You, asking that You give us discernment for governing justly as we make decisions that affect people's lives. Give us strength, compassion and integrity of purpose as we seek to do Your will. We pray this in Your Holy name.
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.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce, to which was referred Assembly Concurrent Resolution No. 23, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and be adopted as amended.
Richard Perkins,
Chairman
Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Joint Resolution No. 12, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Christina R. Giunchigliani,
Chairman
Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 123, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended and re-refer to the Committee on Ways and Means.
Christina R. Giunchigliani,
Chairman
Mr. Speaker:
Your Concurrent Committee on Judiciary, to which were referred Assembly Bills Nos. 208, 342, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 312, 412, 438, 457; Senate Bill No. 102, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 259, 509; Senate Bills Nos. 23, 70, 71, 175, 336, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Morse Arberry, Jr.,
Chairman
Mr. Speaker:
Your Concurrent Committee on Ways and Means, to which was referred Senate Bill No. 216, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Morse Arberry, Jr.,
Chairman
MESSAGES FROM THE SENATE
Senate Chamber, Carson City, May 30, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Committee on Conference concerning Assembly Bill No. 29.
Mary Jo Mongelli
Assistant Secretary of the Senate
SECOND READING AND AMENDMENT
Assembly Bill No. 327.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 327.
Amend sec. 9, pages 3 and 4, by deleting lines 26 through 43 on page 3 and lines 1 through 25 on page 4 and inserting:
"555.203 1. The board of county commissioners of any county [shall] may, in accordance with chapter 308 of NRS, create one or more weed control districts in that portion of the county which lies outside any incorporated city . [if there is filed] Creation of such a district may be initiated by the board of county commissioners or by a petition which:
(a) Designates the area to be included in the weed control district, either as the entire unincorporated area of the county or by sections or parts of sections with appropriate township and range references; and
(b) Is signed by [owners] an owner of land within the proposed weed control district . [who:
(1) Are 60 percent or more of the total number of such owners; and
(2) Own 50 percent or more in assessed valuation, as shown by the current assessment roll, of the lands to be included.
2. If the land to be included in the weed control district is situated within two or more counties, the petition must designate the area of each of the counties to be included in the district and must be signed by owners of land within the proposed district who:
(a) Are 60 percent or more of the total number of such owners in each of the counties from which lands are to be included; and
(b) Own 50 percent or more in assessed valuation, as shown by the current assessment roll, of the lands to be included in each of the counties.
The petition must be filed with the board of county commissioners of the county in which is located the larger or largest proportion of the area, and that board of county commissioners has jurisdiction over the entire area for the purpose of creating the district and, except as otherwise provided in NRS 555.202 to 555.210, inclusive, for carrying out the duties of county commissioners with respect to the district.
3.] 2. Lands proposed for inclusion in a weed control district need not be contiguous.
[4.] 3. Before creating a weed control district, the board of county commissioners shall [hold] :
(a) Hold at least one public hearing [, of which they shall give notice by publication, in a newspaper of general circulation in the county, of at least one notice published not less than 10 days before the date of the hearing.] pursuant to NRS 308.070. At this hearing, the board of county commissioners shall entertain applications for the exclusion of lands, designated by sections or parts of sections as prescribed in subsection 1, from the proposed district, if any such application is made. The board of county commissioners shall exclude any such lands as to which it is shown to their satisfaction that any weeds which exist on that land do not render substantially more difficult the control of weeds on other lands in the proposed district.
(b) Provide for the hearing of protests against the establishment of the district in the manner set forth in NRS 318.065 and 318.070.
4. The board of trustees of a general improvement district may, in accordance with NRS 318.077, add to the basic powers of the district the control and eradication of noxious weeds.".
Amend the bill as a whole by renumbering sections 10 and 11 as sections 12 and 13 and adding new sections designated sections 10 and 11, following sec. 9, to read as follows:
"Sec. 10. NRS 555.217 is hereby amended to read as follows:
555.217 1. The boundaries of a weed control district may be changed in the manner prescribed in this section [,] or in subsection 3 of NRS 308.080, but the change of boundaries of the district does not:
(a) Impair or affect its organization or its rights in or to property, or any of its rights or privileges whatsoever.
(b) Affect or impair or discharge any contract, obligation, lien or charge for or upon which it or the owners of property in the district might be liable or chargeable had the change of boundaries not been made.
2. The owners of lands may file with the board of directors a petition in writing praying that those lands be included in or excluded from the district. The petition must describe the tracts or body of land owned by the petitioners, and the petition shall be deemed to give the consent of the petitioners to the inclusion in or the exclusion from the district of the lands described in the petition. The petition must be acknowledged in the same manner that conveyances of land are required to be acknowledged.
3. The board of directors of the district may, on its own motion or upon petition of any person other than the owner, initiate proceedings for the inclusion of land in the district. A petition filed with the board of directors for this purpose must be in writing and must describe the tracts or body of land proposed to be included, allege that the lands described contain certain weeds that are harmful to owners of land in the district and request that the lands be included in the district.
4. Areas proposed for inclusion in a weed control district need not be located in the same county as other portions of the district and need not be contiguous to other portions of the district.
5. The secretary of the board shall give notice of filing of the petition, or initiation of proceedings by the board, to the owner or owners of the lands described in the petition or motion of the board and shall cause notice to be published in a newspaper of general circulation in the county in which the lands described are situated. The notices must require all persons interested to appear at the office of the board at the time specified in the notice and show cause in writing why the request should not be granted.
6. The board shall at the time specified in the notice, or at the time or times to which the hearing may be adjourned, proceed to hear the request and all written objections presented to show cause why the request should not be granted. The failure of any person interested to show cause in writing must be considered an approval by that person of the inclusion in or the exclusion from the district of the lands as requested.
7. Upon conclusion of the hearing the board by resolution shall approve the request, subject to ratification by the board of county commissioners of the county in which the lands are situated if the request is for the inclusion of lands, or deny the request. In the case of proceedings initiated pursuant to subsection 3, the board may approve the inclusion in the district of the described lands only if it determines that the lands contain weeds that are harmful to owners of land in the district. The board may defer adoption of the resolution to a special meeting or its first regular meeting after conclusion of the hearing, whichever is sooner.
8. A copy of the resolution, adopted pursuant to subsection 7, must be filed with the board of county commissioners of each county in which all or a part of the district is located.
9. No action of the board of directors approving the inclusion of lands within the district becomes effective unless it is ratified by the board of county commissioners of the county in which the lands are situated. The board of county commissioners may ratify the action at any time after the filing of the resolution, but if the board has neither ratified the action nor denied ratification within 90 days after the date the resolution was filed pursuant to subsection 8, the action of the board of directors shall be deemed ratified.
Sec. 11. NRS 308.020 is hereby amended to read as follows:
308.020 1. The Special District Control Law applies to:
(a) Any special district whose formation is initiated by a board of county commissioners; and
(b) Any petition for the formation of any proposed special district filed with any board of county commissioners.
2. As used in this chapter "special district" means any water district, sanitation district, water and sanitation district, municipal power district, mosquito abatement district, public cemetery district, swimming pool district, television maintenance district, weed control district, general improvement district, or any other quasi-municipal corporation organized under the local improvement and service district laws of this state as enumerated in Title 25 of NRS, but excludes:
(a) All local improvement districts created pursuant to chapter 309 of NRS; and
(b) All housing authorities.".
Assemblywoman de Braga moved the adoption of the amendment.
Remarks by Assemblywoman de Braga.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assemblyman Ernaut moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 10:45 a.m.
ASSEMBLY IN SESSION
At 11:56 a.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Assembly Bill No. 366 be taken from the Second Reading File and placed on the Chief Clerk's desk.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 456.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 470.
Amend section 1, page 1, by deleting lines 3 through 18 and inserting:
"1. Except as otherwise provided in subsection 2, a person who is convicted of a violation of a speed limit in an area designated as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted shall be punished by imprisonment or by a fine, or both, for a term or an amount equal to and in addition to the term of imprisonment or amount of the fine, or both, that the court imposes for the primary offense. Any term of imprisonment imposed pursuant to this subsection runs consecutively with the sentence prescribed by the court for the crime. This subsection does not create a separate offense, but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.".
Amend section 1, page 2, by deleting lines 4 through 6 and inserting:
"3. A governmental entity that designates an area as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted, or the person with whom the governmental entity contracts to provide such service shall cause to be erected:
(a) A sign located approximately 100 feet before the beginning of such an area which states that a double penalty will be imposed upon a person who is convicted of violating the speed limit within the temporary traffic control zone;
(b) A sign to mark the beginning of the temporary traffic control zone; and
(c) A sign to mark the end of the temporary traffic control zone.".
Amend the title of the bill, second line, after "as a" by inserting:
"temporary traffic control".
Amend the summary of the bill, first line, after "as" by inserting:
"temporary traffic control".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 198.
Bill read second time and ordered to third reading.
Senate Bill No. 223.
Bill read second time and ordered to third reading.
Senate Joint Resolution No. 14.
Resolution read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 490.
Amend sec. 3A, page 1, by deleting lines 9 through 19 and inserting:
"2. After the initial terms, each judge of the court of appeals must be elected by the qualified electors of this state at the general election for a term of 6 years beginning on the first Monday of January next after the election. The initial three judges must be elected by the qualified electors of this state at the first general election following the enactment of this section. The initial terms of the judges must be staggered so that one judge serves for an initial term of 2 years, one for 4 years and one for 6 years. The initial judges shall meet as soon as practicable after their election to determine by lot the term of office that each judge will fill. If there is an increase in the number of judges, each additional judge must be elected by the qualified electors of this state at the first general election following the increase for a term beginning on the first Monday of January next after the election. The legislature shall provide for an initial term of 6 or fewer years for each additional judge so that one-third of the total number of judges, as nearly as may be, is elected every 2 years. If the number of judges is increased by more than one, the additional judges shall meet as soon as practicable after their election to determine by lot the term of office that each judge will fill.".
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Resolution ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Segerblom, Ohrenschall, de Braga, Carpenter, Braunlin, Neighbors, Mortenson, Bache, Lee, Sandoval, Humke, Parks, Close, Amodei, Buckley, Evans, Herrera, Arberry, Koivisto, Chowning, Collins, Von Tobel, Anderson, Manendo, Tiffany, Cegavske, Perkins, Hettrick, Ernaut, Berman, Freeman, Lambert, Gustavson, Nolan, Marvel, Goldwater, Williams, Hickey, Giunchigliani, Price, Dini and Krenzer:
Assembly Concurrent Resolution No. 34--Congratulating the town of Searchlight, Nevada, on its 100th birthday.
Assemblywoman Segerblom moved the adoption of the resolution.
Remarks by Assemblymen Segerblom and Humke.
Resolution adopted.
Assemblywoman Segerblom moved that all rules be suspended and that Assembly Concurrent Resolution No. 34 be immediately transmitted to the Senate.
Motion carried.
Assemblyman Perkins moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 12:06 p.m.
ASSEMBLY IN SESSION
At 12:07 p.m.
Madam Speaker pro Tempore presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Dini, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Ernaut, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams:
Assembly Concurrent Resolution No. 35--Memorializing former Speaker of the Assembly Cyril O. Bastian.
Assemblyman Dini moved the adoption of the resolution.
Remarks by Assemblyman Dini.
Resolution adopted.
Assemblyman Dini moved that all rules be suspended and that Assembly Concurrent Resolution No. 35 be immediately transmitted to the Senate.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Ways and Means:
Assembly Bill No. 560--An Act relating to elected state officers; increasing the salaries of certain constitutional officers; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 561--An Act relating to public officers; establishing a commission to review the compensation of legislators; making an appropriation; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Assemblyman Perkins moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 12:12 p.m.
ASSEMBLY IN SESSION
At 12:13 p.m.
Mr. Speaker presiding.
Quorum present.
GENERAL FILE AND THIRD READING
Assembly Bill No. 38.
Bill read third time.
Remarks by Assemblyman Parks.
Roll call on Assembly Bill No. 38:
Yeas -- 41.
Nays -- None.
Excused -- Carpenter.
Assembly Bill No. 38 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 76.
Bill read third time.
Remarks by Assemblymen Buckley and Bache.
Roll call on Assembly Bill No. 76:
Yeas -- 41.
Nays -- None.
Excused -- Carpenter.
Assembly Bill No. 76 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 387.
Bill read third time.
Remarks by Assemblyman Hettrick.
Roll call on Assembly Bill No. 387:
Yeas -- 41.
Nays -- None.
Excused -- Carpenter.
Assembly Bill No. 387 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 403.
Bill read third time.
Remarks by Assemblyman Collins.
Roll call on Assembly Bill No. 403:
Yeas -- 26.
Nays -- Arberry, Braunlin, Buckley, Cegavske, Close, Ernaut, Evans, Goldwater, Gustavson, Hickey, Humke, Lambert, Mortenson, Perkins, Sandoval - 15.
Excused -- Carpenter.
Assembly Bill No. 403 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 420.
Bill read third time.
Remarks by Assemblyman Nolan.
Roll call on Assembly Bill No. 420:
Yeas -- 41.
Nays -- None.
Excused -- Carpenter.
Assembly Bill No. 420 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 431.
Bill read third time.
Remarks by Assemblywoman Cegavske.
Roll call on Assembly Bill No. 431:
Yeas -- 41.
Nays -- None.
Excused -- Carpenter.
Assembly Bill No. 431 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 434.
Bill read third time.
Remarks by Assemblymen Humke and Collins.
Roll call on Assembly Bill No. 434:
Yeas -- 41.
Nays -- None.
Excused -- Carpenter.
Assembly Bill No. 434 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 459.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 459:
Yeas -- 39.
Nays -- None.
Not voting--Lambert, Sandoval--2.
Excused -- Carpenter.
Assembly Bill No. 459 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Joint Resolution No. 8.
Resolution read third time.
Remarks by Assemblyman Goldwater.
Roll call on Assembly Joint Resolution No. 8:
Yeas -- 41.
Nays -- None.
Excused -- Carpenter.
Assembly Joint Resolution No. 8 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Senate Bills Nos. 118, 128, 136, 212, 240 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
Assemblyman Price gave notice that on the next legislative day he would move to reconsider the vote whereby Assembly Bill No. 403 was this day passed.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 180, 271; Assembly Concurrent Resolutions Nos. 29, 30; Senate Bills Nos. 46, 207, 237.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to John Stralla.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Jerry Keller.
Assemblyman Perkins moved that the Assembly adjourn until Tuesday, June 3, 1997 at 11 a.m.
Motion carried.
Assembly adjourned at 12:35 p.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly