ASSEMBLY DAILY JOURNAL
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THE SEVENTY-FIRST DAY
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Carson City (Monday), March 31, 1997
Assembly called to order at 11:23 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Collins and Evans, who were excused.
Prayer by Elder John Ray.
O God, the eternal Father; creator of all things; the giver of all good gifts and graces, we have met this day to give thanks for all the blessings we have received at Thy bounteous hand. We are thankful to be living in a land of freedom and peace. We are thankful for our lives and our families and for the opportunities we have to grow and enrich our lives. We humbly ask Thee, O Lord, to bless this august body that they may be guided by Thy Holy Spirit to recognize and deal with those things that support our way of life; that they may be inspired to serve us in a manner beneficial to all and pleasing unto Thee. Recognizing our weaknesses, we pray for Your strength in all our doings and we do so in gratitude and in the name of Thy beloved Son and our Savior, Jesus Christ. 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.
Wendell P. Willams,
Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 188, 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 Health and Human Services, to which was referred Assembly Bill No. 29, 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 Concurrent Committee on Judiciary, to which was re-referred Assembly Bill No. 269, 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 Concurrent Committee on Judiciary, to which was referred Assembly Bill No. 293, 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 Natural Resources, Agriculture, and Mining, to which were referred Assembly Bills Nos. 49, 50, 51, 52, 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
Mr. Speaker:
Your Committee on Transportation, to which were referred Assembly Bills Nos. 32, 134, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vonne Chowning,
Chairman
Assemblywoman de Braga moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 11:29 a.m.
At 11:34 a.m.
Mr. Speaker presiding.
Quorum present.
Marcia de Braga,
Chairman
By Assemblymen Perkins, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Price, Sandoval, Segerblom, Tiffany, Von Tobel and Williams:
Assembly Resolution No. 7--Directing the placement of a commemorative gavel in the Assembly Chamber in honor of the dedicated legislative service of Joseph E. Dini, Jr.
Whereas, Joseph E. Dini, Jr., has given 30 years of his life in service to this state as a member of the Assembly of the State of Nevada; and
Whereas, Assemblyman Dini's legislative service from 1967 through 1997, in four special sessions and 16 regular sessions, constitutes the longest service in history by a member of the Nevada Assembly; and
Whereas, In recognition of his integrity, wisdom, political acumen and leadership ability, Joseph E. Dini, Jr., was unanimously elected to an unprecedented seventh term as Speaker of the Assembly for the 69th session of the Nevada Legislature; and
Whereas, It is with much affection, great admiration and the deepest respect that the members of his legislative family desire to celebrate the legacy of this distinguished and dedicated public servant, and to preserve that legacy for legislative posterity; and
Whereas, An appropriate visual representation of Speaker Dini's legislative legacy exists in the form of a 3-foot long gavel which was recently presented to him at a dinner held to recognize the lifetime of public service given to the residents of this state by Speaker Dini; and
Whereas, A brass plaque is affixed to the commemorative gavel that fittingly bears the inscription, "In perpetual honor of Joseph E. Dini, Jr., Speaker of the Nevada State Assembly" and the following quotation of Henry Clay from 1829: "Government is a trust, and officers of the government are trustees and both the trust and the trustees are created for the benefit of the people"; now, therefore, be it
Resolved by the Assembly of the State of Nevada, That the members of the Assembly hereby declare their collective and individual appreciation of and affection for Joe Dini; and be it further
Resolved, That the members of the Assembly hereby direct the Majority Leader, Richard D. Perkins, to take such actions as are necessary to encase the commemorative gavel appropriately and arrange for its permanent display in the Assembly chamber in recognition of the unquestionable manner in which Joseph E. Dini, Jr., has upheld the public trust during his record-breaking legislative service, and of the unparalleled contributions made by Joseph E. Dini, Jr., to the well-being of the residents of this state; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Joseph E. Dini, Jr.
Assemblyman Perkins moved the adoption of the resolution.
Remarks by Assemblymen Perkins, Hettrick, Price, Marvel, Anderson, Carpenter and Ernaut.
Assemblywoman Buckley requested that the following remarks be entered in the Journal.
Assemblyman Perkins:
It would be very difficult to properly put into words the impact that Mr. Speaker has had on our state and on the people in this body. Your influence on us and your mentoring and education of us in the legislative process will go on and be a legacy that will be unsurpassed by any. Suffice it to say, as well, that our children and our grandchildren will long read in the history books about the public service of Speaker Dini.
It gives me great pleasure to bring this resolution forth, and I stand in support of the resolution.
Assemblyman Hettrick:
I, too, rise in support of the resolution. I've had the opportunity to visit some other chambers and I've seen their floor session in progress, and I wasn't very impressed. I also remember attending some meetings for some of the national organizations and listening to legislators talk about the rancor, fighting, harsh words and so on that went on on the floor during their sessions. I was almost shocked; I could hardly believe it.
I believe a great deal of the reason this body runs like it does--where we can have some humor and some fun and at the same time accomplish a great deal of work with respect for all--is to a tremendous degree the result of Speaker Dini's work in these chambers for seven terms as Speaker. Having had the opportunity to share that position with him, I know the kind of work he does, the tremendous job he does, and the respect he has from the staff and everyone involved here. I just want to say that I think this is more than fitting, more than appropriate, and urge every one of us, and I know we will, to support this resolution.
Assemblyman Price:
I, too, rise in support of the resolution. Most of the things I have learned and been encouraged with over the years have come from Speaker Dini. I, too, have had the opportunity to observe the operation of different legislatures.
I would like to amend one thing that our Majority Leader just said--that our grandchildren will not be so much learning about the Speaker and his deeds from history books, but from history computers since they're all going to be reading computers in the future. Seriously, our beloved Speaker is in those history computers for several different reasons, one of which is serving as Speaker longer than any other person in the history of Nevada. Up until about 1975, no person had even served as Speaker twice. Historically, the house had changed Speakers every session. Joe has been a member of this house much longer than any other person who ever served in the Assembly, and so he holds that record in Nevada's history also. I think that it will be wonderful to have that very fine instrument up on the wall.
Assemblyman Marvel:
It is a pleasure for me to endorse this resolution. As the longest serving Republican in the Assembly, I've found Joe to be fair. Very seldom have we really ever been on a partisan issue. Whenever it has been partisan, Joe has, I think, used the best judgment and we've had a great relationship.
Most fitting is the fact that Joe is recognized not only for what he's done for the State of Nevada by Nevadans, but he is also recognized for how he has served his state on a very national level. I think this is most fitting that we honor the Speaker today.
Assemblyman Anderson:
I, also, rise in support of the resolution for a wide variety of reasons. My colleague from Assembly District 17 indicated that it would be computers that were going to enshrine you as an historical figure. In reality, that's not the case, as all of us know. We're happy to support this resolution not only because the gavel will now be encased, and therefore incapable of being thrown--and thus for the protection of the Sergeant at Arms and others in near reach, but also because wherever we stand, we always know that you're there behind us and supporting us.
Like any other historical event, the telling of having served with a person like you makes us all better. Your light has extended for all of us to become better legislators and sets a model that we all hope to achieve.
Assemblyman Carpenter:
I rise in support of the resolution. I think that, Mr. Speaker, you are the rallying point for all of us--from the north to the south; the east and the west; Republican and Democrat. I believe you're the person most responsible for holding this body together, and I just want to give you my thanks.
Assemblyman Ernaut:
I, too, rise in support of this resolution. I'll try to give the perspective from one of the younger guys, now that the older guys have spoken.
I think the foundation of any body, and especially this body, is deeply rooted in its history; the farther that we stray from that history, the farther we stray from our jobs and our duty here in this body. I don't think there is any person or any institution that is more synonymous with the history of this body and the history of the State of Nevada than Speaker Dini. I know that I speak for many of our colleagues here when I say we are proud that we had the chance to serve with you. This gavel being enshrined behind the rostrum is a small token of our appreciation for your leadership, and hopefully it will endure the ages as you have.
Assemblyman Dini:
Thank you, very much. This thing is a lethal weapon. It should be enshrined someplace, but it was given to me at that banquet, and if you approve, then we are going to put it up.
Resolution adopted.
By Assemblymen Gustavson, Collins, Sandoval, Carpenter, Herrera, Manendo, Marvel, Von Tobel, Neighbors, de Braga, Anderson, Lambert, Parks, Mortenson, Lee, Price, Hickey, Segerblom, Amodei, Humke, Giunchigliani, Berman, Hettrick, Tiffany, Williams, Evans, Dini, Cegavske, Bache, Braunlin, Ernaut and Goldwater:
Assembly Bill No. 320--An Act relating to motorcycles; limiting the requirement for protective headgear for drivers and passengers; and providing other matters properly relating thereto.
Assemblyman Gustavson moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblymen Segerblom, Anderson, Perkins, Amodei, Arberry, Giunchigliani, Herrera, Williams, Buckley, Price, Collins, Koivisto, Lee, Parks, Freeman, Neighbors, Ohrenschall, Carpenter, Sandoval, Manendo, de Braga, Nolan, Gustavson, Berman, Ernaut, Lambert, Mortenson and Goldwater:
Assembly Bill No. 321--An Act relating to trade practices; revising the provisions governing the use of a device for automatic dialing and announcing on telephones; prohibiting the use of such a device under certain circumstances; providing that the dissemination of an unsolicited prerecorded message is a deceptive trade practice under certain circumstances; providing penalties; and providing other matters properly relating thereto.
Assemblywoman Segerblom moved that the bill be referred to the Committee on Commerce.
Motion carried.
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 322--An Act relating to fishing licenses; providing for a reduced fee for a fishing license for a person with a severe mental disability; and providing other matters properly relating thereto.
Assemblywoman de Braga moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Assembly Bill No. 250.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 118.
Amend sec. 3, page 2, line 1, by deleting "duties," and inserting:
"duties as determined by the board of county commissioners,".
Amend the bill as a whole by adding a new section designated sec. 5, following sec. 4, to read as follows:
"Sec. 5. This act becomes effective on July 1, 1997.".
Assemblyman Neighbors moved the adoption of the amendment.
Remarks by Assemblyman Neighbors.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 254.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 125.
Amend the bill as a whole by renumbering sections 1 and 2 as sections 4 and 5 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:
"Section 1. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. "Federal agency" means any agency, bureau, board, commission, department, division, officer or employee of the United States Government.
Sec. 3. "State agency" means any agency, bureau, board, commission, department, division, officer or employee of the executive department of the state government except the members and staff of the commission.".
Amend sec. 2, page 3, by deleting lines 29 through 31 and inserting:
"704.755 [1.] A utility which supplies natural gas in this state shall [, periodically, as] file annually with the commission, in a format prescribed by the commission, [submit to the commission a plan] an informational report which describes:".
Amend sec. 2, page 3, line 32, by deleting "(a)" and inserting "[(a)] 1.".
Amend sec. 2, page 3, line 34, by deleting "(b)" and inserting "[(b)] 2.".
Amend sec. 2, page 3, line 36, by deleting "and" and inserting "[and".
Amend sec. 2, page 3, line 37, by deleting "(c)" and inserting "(c)] 3.".
Amend sec. 2, page 3, line 39, by deleting "source." and inserting:
"source [.] ; and
4. Significant operational or capital requirements of the utility or other material information related to its provision of gas service in this state.".
Amend sec. 2, page 3, line 40, by deleting "2. [The" and inserting "[2. The".
Amend sec. 2, page 4, line 1, by deleting "3.]" and inserting "3.".
Amend sec. 2, page 4, line 4, by deleting "[4.] 3." and inserting "4.".
Amend sec. 2, page 4, line 6, by deleting "more." and inserting "more.]".
Amend the bill as a whole by deleting sec. 3 and the leadlines of repealed sections and adding new sections designated sections 6 through 9, following sec. 2, to read as follows:
"Sec. 6. NRS 704.830 is hereby amended to read as follows:
704.830 As used in NRS 704.820 to 704.900, inclusive, unless the context otherwise requires, the words and terms defined in NRS 704.840 to 704.860, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 7. NRS 704.860 is hereby amended to read as follows:
704.860 "Utility facility" means:
1. Electric generating plants and their associated facilities;
2. Electric transmission lines and transmission substations designed to operate at 200 kilovolts or more, and not required by local ordinance to be placed underground when constructed outside any incorporated city;
3. Gas transmission lines, storage plants, compressor stations and their associated facilities when constructed outside any incorporated city [;] except when:
(a) Constructed in dedicated public road rights of way; or
(b) A federal agency, state agency or local government has required the preparation of an environmental assessment or environmental impact statement relating to the construction pursuant to a federal or state statute or regulation or a local ordinance;
4. Telephone and telegraph equipment buildings, their associated facilities and the sites thereof, when constructed outside any incorporated city;
5. Water storage, transmission and treatment facilities; and
6. Sewer transmission and treatment facilities.
Sec. 8. NRS 704.865 is hereby amended to read as follows:
704.865 1. A person, other than a local government, shall not commence to construct a utility facility in the state without first having obtained a permit therefor from the commission. The replacement of an existing facility with a like facility, as determined by the commission, does not constitute construction of a utility facility. Any facility, with respect to which a permit is required, must thereafter be constructed, operated and maintained in conformity with the permit and any terms, conditions and modifications contained therein. A permit may only be issued pursuant to NRS 704.820 to 704.900, inclusive. Any authorization relating to a utility facility granted under other laws administered by the commission constitutes a permit under those sections if the requirements of those sections have been complied with in the proceedings leading to the granting of the authorization.
2. A permit may be transferred, subject to the approval of the commission, to a person who agrees to comply with the terms, conditions and modifications contained therein.
3. NRS 704.820 to 704.900, inclusive, do not apply to any utility facility:
(a) For which, before July 1, 1971, an application for the approval of the facility has been made to any federal, state, regional or local governmental agency which possesses the jurisdiction to consider the matters prescribed for finding and determination in NRS 704.890;
(b) For which, before July 1, 1971, a governmental agency has approved the construction of the facility and the person has incurred indebtedness to finance all or part of the cost of the construction; or
(c) Over which [an agency of the Federal Government] a federal agency has exclusive jurisdiction.
4. Any person intending to construct a utility facility excluded from NRS 704.820 to 704.900, inclusive, pursuant to paragraph (a) or (b) of subsection 3 may elect to waive the exclusion by delivering notice of its waiver to the commission. NRS 704.820 to 704.900, inclusive, thereafter apply to each utility facility identified in the notice from the date of its receipt by the commission.
5. If, pursuant to a federal or state statute or regulation or a local ordinance, a federal agency, state agency or local government has required the preparation of environmental assessment or environmental impact statement relating to the construction of gas transmission lines, storage plant, compressor stations and their associated facilities outside an incorporated city, the person intending to construct such facilities shall file a copy of the final environmental assessment or environmental impact statement with the commission within 30 days before construction commences.
Sec. 9. This act becomes effective on July 1, 1997.".
Amend the title of the bill to read as follows:
Assemblyman Williams moved that Assembly Concurrent Resolution No. 5 be re-referred to the Committee on Health and Human Services.
Motion carried.
Assemblyman Perkins moved that Assembly Joint Resolution No. 7 be taken from its position on the General File and placed at the top of the General File.
Motion carried.
Assembly Bill No. 68.
Bill read third time.
Remarks by Assemblywoman de Braga.
Roll call on Assembly Bill No. 68:
Yeas -- 39.
Nays -- Anderson.
Excused -- Collins, Evans - 2.
Assembly Bill No. 68 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 95.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 95:
Yeas -- 40.
Nays -- None.
Excused -- Collins, Evans - 2.
Assembly Bill No. 95 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 103.
Bill read third time.
Remarks by Assemblymen Gustavson, Buckley, Ohrenschall, Sandoval, Anderson, Herrera, Price, and Nolan.
Roll call on Assembly Bill No. 103:
Yeas -- 17.
Nays --Anderson, Amodei, Arberry, Bache, Buckley, Carpenter, Chowning, Close, de Braga, Dini, Freeman, Giunchigliani, Goldwater, Herrera, Koivisto, Krenzer, Lee, Manendo, Neighbors, Ohrenschall, Parks, Price, Williams--23.
Excused -- Collins, Evans--2.
Assembly Bill No. 103 having failed to receive a constitutional majority, Mr. Speaker declared it lost.
Assembly Bill No. 186.
Bill read third time.
Remarks by Assemblyman Price.
Roll call on Assembly Bill No. 186:
Yeas -- 40.
Nays -- None.
Excused -- Collins, Evans - 2.
Assembly Bill No. 186 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 201.
Bill read third time.
Remarks by Assemblymen Amodei, Goldwater and Arberry.
Potential conflict of interest declared by Assemblyman Goldwater.
Assemblyman Arberry moved that Assembly Bill No. 201 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
Assembly Bill No. 251.
Bill read third time.
Remarks by Assemblyman Neighbors.
Roll call on Assembly Bill No. 251:
Yeas -- 40.
Nays -- None.
Excused -- Collins, Evans - 2.
Assembly Bill No. 251 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Joint Resolution No. 1.
Resolution read third time.
Remarks by Assemblywoman Freeman.
Roll call on Senate Joint Resolution No. 1:
Yeas -- 40.
Nays -- None.
Excused -- Collins, Evans - 2.
Senate Joint Resolution No. 1 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
On request of Assemblyman Ernaut, the privilege of the floor of the Assembly Chamber for this day was extended to Helen Sinclair.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Tim Carlson and George Mueller.
Assemblyman Perkins moved that the Assembly adjourn until Tuesday, April 1, 1997 at 11 a.m.
Motion carried.
Assembly adjourned at 12:39 p.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly