ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND THIRTY-SIXTH DAY
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Carson City (Wednesday), June 4, 1997
Assembly called to order at 11:10 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Lisa Schilbe.
Eternal God, You are the same yesterday, today and forever. In Your unchanging and constant love for us to let go of those things of the past we cannot change. Enable us to let go of worry and anxious thoughts about tomorrow. Instead, help us to concentrate on what You have called us to do this day. Give us clarity of thought and purpose for the task at hand as we trust in Your guidance.
Amen. Pledge of allegiance to the Flag.
Assemblywoman Buckley 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.
Vivian L. Freeman,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which were referred Senate Bills Nos. 131, 264, 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 Judiciary, to which was referred Senate Bill No. 180, 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. 433, 448, 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 Concurrent Committee on Ways and Means, to which was referred Assembly Bill No. 401, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Ways and Means.
Morse Arberry, Jr.,
Chairman
By the Committee on Elections, Procedures, and Ethics:
Assembly Joint Resolution No. 17--Proposing to amend the constitution of the State of Nevada to require that the Governor and the Lieutenant Governor be affiliated with the same political party and be elected jointly.
Assemblywoman Giunchigliani moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By the Committee on Judiciary:
Assembly Joint Resolution No. 18--Proposing to amend the Nevada constitution to authorize a waiver or deferment of the filing fee in a civil action.
Assemblyman Anderson moved that the resolution be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Government Affairs:
Assembly Concurrent Resolution No. 38--Directing the Legislative Commission to conduct an interim study to consider the standardization of city charters.
Assemblyman Bache moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Assembly Concurrent Resolution No. 25.
Assemblywoman Krenzer moved the adoption of the resolution.
Remarks by Assemblywoman Krenzer.
Resolution adopted.
Assembly Bill No. 369.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 484.
Amend the bill as a whole by deleting section 1, renumbering sections 2 and 3 as sections 3 and 4 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
"Section 1. NRS 321.720 is hereby amended to read as follows:
321.720 The administrator shall develop and make available to cities and counties information useful to land use planning, including:
1. Preparation and continuing revision of a statewide inventory of the land and natural resources of the state;
2. Compilation and continuing revision of data, on a statewide basis, related to population densities and trends, economic characteristics and projections, environmental conditions and trends, and directions and extent of urban and rural growth;
3. Projections of the nature and quantity of land needed and suitable for:
(a) Recreation and esthetic appreciation;
(b) Conservation and preservation of natural resources, agriculture, mineral development [,] and forestry;
(c) Industry and commerce, including the development, generation and transmission of energy;
(d) Transportation;
(e) Urban development, including the revitalization of existing communities, the development of new towns, and the economic diversification of existing communities which possess a narrow economic base;
(f) Rural development, taking into consideration future demands for and limitations upon products of the land; and
(g) Health, educational, and other state and local governmental services;
4. Preparation and continuing revision of an inventory of environmental, geological and physical conditions, including types of soil, which influence the desirability of various uses of land;
5. Preparation and continuing revision of an inventory of state, local government and private needs and priorities concerning the acquisition and use of federal lands within the state;
6. Preparation and continuing revision of an inventory of public and private institutional and financial resources available for land use planning and management within the state and of state and local programs and activities which have a land use impact of more than local concern;
7. Provision, where appropriate, of technical assistance and training programs for state and local agency personnel concerned with the development and implementation of state and local land use programs;
8. Coordination and exchange of land use planning information and data among state agencies and local governments, with the Federal Government, among the several states and interstate agencies, and with members of the public, including conducting of public hearings, preparation of reports [,] and soliciting of comments on reports concerning information useful to land use planning;
9. Coordination of planning for state and local acquisition and use of federal lands within the state, except that in the case of a plan which utilizes both federal and private lands the governing body of the area where private lands are to be utilized has final authority to approve the proposal; [and]
10. Provision of assistance to counties to develop programs to increase the responsibility of local governments for the management of lands in the State of Nevada that are under federal management; and
11. Consideration of, and consultation with, the relevant states on the interstate aspects of land use issues of more than local concern.
Sec. 2. NRS 321.7355 is hereby amended to read as follows:
321.7355 1. The state land use planning agency shall prepare, in cooperation with appropriate state agencies and local governments throughout the state, plans or policy statements concerning the acquisition and use of lands in the State of Nevada [which] that are under federal management.
2. The state land use planning agency shall, in preparing the plans and policy statements, identify lands which are suitable for acquisition for:
(a) Commercial, industrial or residential development;
(b) The expansion of the property tax base, including the potential for an increase in revenue by the lease and sale of those lands; or
(c) Accommodating increases in the population of this state.
The plans or policy statements must not include matters concerning zoning or the division of land and must be consistent with local plans and regulations concerning the use of private property.
3. The state land use planning agency shall encourage public comment upon the various matters treated in a proposed plan or policy statement throughout its preparation and shall submit its work on a plan or statement of policy periodically for review and comment by the land use planning advisory council, the advisory board on natural resources and any committees of the legislature or subcommittees of the legislative commission [which] that deal with matters concerning the public lands.
4. Whenever the state land use planning agency prepares plans or policy statements pursuant to subsection 1 and submits those plans or policy statements to the governor, legislature or an agency of the Federal Government, the state land use planning agency shall include with each plan or policy statement the comments and recommendations of:
(a) The land use planning advisory council;
(b) The advisory board on natural resources; and
(c) Any committees of the legislature or subcommittees of the legislative commission that deal with matters concerning the public lands.
5. A plan or statement of policy must be approved by the governing bodies of the county and cities affected by it, and by the governor, before it is put into effect.".
Amend sec. 2, page 2, by deleting lines 11 through 15 and inserting:
"2. Advise the state land use planning agency regarding the development of plans and policy statements pursuant to subsection 1 of NRS 321.7355.".
Assemblyman Carpenter moved the adoption of the amendment.
Remarks by Assemblyman Carpenter.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 452.
Bill read second time and ordered to third reading.
Assembly Bill No. 476.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 432.
Amend section 1, page 1, by deleting line 7 and inserting:
"§ 501(c)(3) or (5); and ".
Amend sec. 2, page 1, line 16, by deleting "1997." And inserting:
"1997, and expires by limitation on July 1, 2007.".
Amend the title of the bill, first line, by deleting "an" and inserting "a temporary".
Assemblyman Price moved the adoption of the amendment.
Remarks by Assemblyman Price.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 533.
Bill read second time and ordered to third reading.
Assembly Joint Resolution No. 13.
Resolution read second time and ordered to third reading.
Senate Bill No. 277.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 514.
Amend section 1, page 1, by deleting line 3 and inserting:
"of Assembly Bill No. 39 of this session, if the court finds that a".
Amend section 1, page 1, line 4, by inserting a comma after "chapter".
Amend section 1, page 1, line 14, by inserting a comma after "agency".
Amend section 1, page 2, by deleting lines 10 through 15 and inserting:
"(e) If the child is less than 18 years of age, order:
(1) The parent, guardian or custodian of the child; and
(2) Any brother, sister or other person who is living in the same household as the child over whom the court has jurisdiction,
to attend or participate in counseling, with or without the child, including, but not limited to, counseling regarding parenting skills, alcohol or substance abuse, or techniques of dispute resolution.".
Amend sec. 4, page 5, line 3, by deleting "12:01" and inserting "12:02".
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. 337.
Bill read second time and ordered to third reading.
Senate Joint Resolution No. 6.
Resolution read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 492.
Amend the resolution, page 1, line 21, after "for the" by inserting:
"Southern Nevada Public Land Management Act of 1997 and for the".
Amend the preamble of the resolution, page 1, by deleting line 18 and inserting:
"State of Nevada or a local government; and
Whereas, During the 105th session of Congress, Representative John Ensign introduced the Southern Nevada Public Land Management Act of 1997 (H. R. No. 449), which, if enacted, would direct the Secretary of the Interior to dispose of certain Federal lands in the Las Vegas Valley and authorize the State of Nevada to elect to obtain the lands for public purposes; now, therefore, be it".
Amend the title of the resolution, first line, after "for the" by inserting:
"Southern Nevada Public Land Management Act of 1997 and for the".
Assemblyman Lee moved the adoption of the amendment.
Remarks by Assemblyman Lee.
Amendment adopted.
Bill ordered reprinted, re-engrossed and to third reading.
Assemblyman Price moved that Assembly Bill No. 476 be re-referred to the Committee on Ways and Means.
Motion carried.
Assembly Bill No. 259.
Bill read third time.
Remarks by Assemblyman Goldwater.
Roll call on Assembly Bill No. 259:
Yeas -- 36.
Nays -- Amodei, Close, Giunchigliani, Lambert, Lee, Von Tobel -- 6.
Assembly Bill No. 259 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 327.
Bill read third time.
Remarks by Assemblywoman de Braga.
Roll call on Assembly Bill No. 327:
Yeas -- 40.
Nays -- Buckley, Giunchigliani -- 2.
Assembly Bill No. 327 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 350.
Bill read third time.
Remarks by Assemblyman Carpenter.
Roll call on Assembly Bill No. 350:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 350 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 437.
Bill read third time.
Remarks by Assemblyman Humke.
Roll call on Assembly Bill No. 437:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 437 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 456.
Bill read third time.
Remarks by Assemblymen Anderson, Bache and Mortenson.
Roll call on Assembly Bill No. 456:
Yeas -- 37.
Nays -- Arberry, Bache, Giunchigliani, Goldwater, Williams -- 5.
Assembly Bill No. 456 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 509.
Bill read third time.
Remarks by Assemblyman Close.
Roll call on Assembly Bill No. 509:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 509 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Joint Resolution No. 12.
Resolution read third time.
Remarks by Assemblymen Collins, Price and Buckley.
Roll call on Assembly Joint Resolution No. 12:
Yeas -- 39.
Nays -- Buckley, Freeman, Giunchigliani -- 3.
Assembly Joint Resolution No. 12 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
Senate Bill No. 23.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Senate Bill No. 23:
Yeas -- 42.
Nays -- None.
Senate Bill No. 23 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 71.
Bill read third time.
Remarks by Assemblywoman Krenzer.
Roll call on Senate Bill No. 71:
Yeas -- 42.
Nays -- None.
Senate Bill No. 71 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 118.
Bill read third time.
Remarks by Assemblymen Sandoval and Freeman.
Roll call on Senate Bill No. 118:
Yeas -- 42.
Nays -- None.
Senate Bill No. 118 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 128.
Bill read third time.
Remarks by Assemblymen Gustavson, Arberry and Anderson.
Roll call on Senate Bill No. 128:
Yeas -- 42.
Nays -- None.
Senate Bill No. 128 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 136.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Senate Bill No. 136:
Yeas -- 42.
Nays -- None.
Senate Bill No. 136 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 175.
Bill read third time.
Remarks by Assemblywoman Evans.
Roll call on Senate Bill No. 175:
Yeas -- 42.
Nays -- None.
Senate Bill No. 175 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 198.
Bill read third time.
Remarks by Assemblymen Price, Bache and Parks.
Conflict of interest declared by Assemblyman Parks.
Roll call on Senate Bill No. 198:
Yeas -- 41.
Nays -- None.
Not voting -- Parks.
Senate Bill No. 198 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 212.
Bill read third time.
Remarks by Assemblymen Perkins, Chowning, Parks and Price.
Potential conflict of interest declared by Assemblymen Chowning, Parks and Price.
Roll call on Senate Bill No. 212:
Yeas -- 42.
Nays -- None.
Senate Bill No. 212 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 216.
Bill read third time.
Remarks by Assemblymen Price, Von Tobel, Bache, Segerblom and Carpenter.
Potential conflict of interest declared by Assemblymen Von Tobel, Arberry, Anderson, Bache, Giunchigliani, Koivisto, Neighbors, Parks, Perkins, Segerblom, Williams and Carpenter.
Roll call on Senate Bill No. 216:
Yeas -- 41.
Nays -- None.
Not voting -- Von Tobel.
Senate Bill No. 216 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 223.
Bill read third time.
Remarks by Assemblymen Price and Parks.
Conflict of interest declared by Assemblyman Parks.
Roll call on Senate Bill No. 223:
Yeas -- 41.
Nays -- None.
Not voting -- Parks.
Senate Bill No. 223 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 240.
Bill read third time.
Remarks by Assemblymen Collins and Goldwater.
Conflict of interest declared by Assemblyman Goldwater.
Roll call on Senate Bill No. 240:
Yeas -- 41.
Nays -- None.
Not voting -- Goldwater.
Senate Bill No. 240 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 336.
Bill read third time.
Remarks by Assemblywoman Cegavske.
Roll call on Senate Bill No. 336:
Yeas -- 42.
Nays -- None.
Senate Bill No. 336 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Joint Resolution No. 14.
Resolution read third time.
Remarks by Assemblywoman Buckley.
Roll call on Senate Joint Resolution No. 14:
Yeas -- 39.
Nays -- Carpenter, Ernaut, Goldwater -- 3.
Senate Joint Resolution No. 14 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Resolution ordered transmitted to the Senate.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Jeff Knight.
On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Marlene Cook.
On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Tommy Rocker.
On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Steve McMahon.
Assemblyman Perkins moved that the Assembly adjourn until Thursday, June 5, 1997 at 11 a.m.
Motion carried.
Assembly adjourned at 12:33 p.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly