Carson City (Thursday), April 3, 1997

Assembly called to order at 11:09 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by Elder George M. Keele.
Our Father in Heaven, we are gathered today under Thy watchful eye in this general mercantile store we call Nevada State Assembly. In this marketplace, our stock in trade is freedom and restraint; our medium of exchange is words; our goal is human dignity; the glory is Thine. As Thou hast said: "Out of small things proceedeth that which is great." Please bless us, dear Lord, in the cacophony of lobbying, testifying, orating and debating to hear, to listen to and to remember the eternal sounds of our now-silent pioneers who once sat in this Assembly where we sit, to remember their noble deeds and their pure ideals and as we remember them, please bless us to recognize and follow the still, small voice of Thy Spirit. We humbly pray, in the name of 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.

Richard Perkins,

Chairman

Mr. Speaker:
Your Committee on Commerce, to which was referred Assembly Bill No. 258, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Richard Perkins,

Chairman

Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 87, 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 was referred Assembly Bill No. 48, 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

Senate Chamber, Carson City, April 2, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bill No. 237.
Mary Jo Mongelli
Assistant Secretary of the Senate

Senate Chamber, Carson City, April 3, 1997

To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 24.
Mary Jo Mongelli
Assistant Secretary of the Senate

Senate Concurrent Resolution No. 24.
Assemblyman Hettrick moved the adoption of the resolution.
Remarks by Assemblyman Hettrick.
Resolution adopted.

Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.

By the Committee on Ways and Means:
Assembly Bill No. 329--An Act making an appropriation to the University and Community College System of Nevada for the relocation of the UNR Fire Protection Training Academy to the Dodd-Beals Facility in Carlin, Nevada; 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 Government Affairs:
Assembly Bill No. 330--An Act relating to local governments; allowing a local government to authorize a planning commission or certain persons to make decisions relating to certain planning and zoning matters; providing a procedure for an appeal of such decisions; revising the provisions governing the acquisition, vacation or abandonment of certain real property by a local government; requiring that certain signs remain erected until the final disposition of certain applications; expanding the duties of a hearing examiner; revising the requirements relating to final maps and maps of reversion; authorizing approval of the vacation or abandonment of a street or easement in conjunction with approval of a tentative map; and providing other matters properly relating thereto.

Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By the Committee on Ways and Means:
Assembly Bill No. 331--An Act making an appropriation to the Department of Education for technological improvements for schools; and providing other matters properly relating thereto.

Assemblyman Arberry moved that the bill be referred to Concurrent Committees on Education and Ways and Means.
Motion carried.

By the Committee on Ways and Means:
Assembly Bill No. 332--An Act relating to education; providing that surplus money in the state distributive school account does not revert to the state general fund; requiring that such money be distributed to school districts biennially; and providing other matters properly relating thereto.

Assemblyman Arberry moved that the bill be referred to Concurrent Committees on Education and Ways and Means.
Motion carried.

Assemblywoman Freeman moved that Assembly Bill No. 29 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Freeman.
Motion carried.

Assembly Bill No. 32 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 50.
Bill read third time.
Remarks by Assemblymen Neighbors, Bache and Ernaut.
Assemblyman Ernaut moved that Assembly Bill No. 50 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.

Assembly Bill No. 51.
Bill read third time.
Remarks by Assemblyman Humke.
Roll call on Assembly Bill No. 51:
Yeas--42.
Nays--None.

Assembly Bill No. 51 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 52.
Bill read third time.
Remarks by Assemblyman Mortenson.
Roll call on Assembly Bill No. 52:
Yeas--42.
Nays--None.

Assembly Bill No. 52 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 62.
Bill read third time.
Remarks by Assemblymen Freeman and Koivisto.
Potential conflict of interest declared by Assemblywoman Koivisto.
Roll call on Assembly Bill No. 62:
Yeas--42.
Nays--None.

Assembly Bill No. 62 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Bill No. 113.
Bill read third time.
Remarks by Assemblywoman Krenzer.
Assemblywoman Krenzer moved that Assembly Bill No. 113 be taken from the General File and re-referred to the Committee on Ways and Means.
Motion carried.

Assembly Bill No. 120.
Bill read third time.
Remarks by Assemblywoman Lambert.
Roll call on Assembly Bill No. 120:
Yeas--42.
Nays--None.

Assembly Bill No. 120 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Bill No. 134.
Bill read third time.
Remarks by Assemblyman Nolan.
Roll call on Assembly Bill No. 134:
Yeas--42.
Nays--None.

Assembly Bill No. 134 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, Giunchigliani and Goldwater.
Potential conflict of interest declared by Assemblyman Goldwater.
Roll call on Assembly Bill No. 201:
Yeas--42.
Nays--None.

Assembly Bill No. 201 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 61.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 116.
Amend section 1, page 2, by deleting lines 15 through 18 and inserting:
"5. Employees of the department in which a vacancy exists may comprise more than one-third of the members of the panel if:
(a) A member who is not such an employee is unable to serve on the panel because of illness or an emergency;
(b) The department has more than 1,000 employees; and
(c) The department has two or more divisions that administer separate and diverse programs and the employees of the department on the panel are not employed by the same division.".
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. 117.
Bill read second time.
The following amendment was proposed by the Committee on Elections, Procedures, and Ethics:
Amendment No. 131.
Amend sec. 3, page 2, line 2, by deleting "5" and inserting "4".
Amend sec. 4, page 2, line 22, by deleting "10" and inserting "12".
Amend sec. 5, page 3, line 29, by deleting "9" and inserting "12".
Amend sec. 7, page 5, by deleting lines 6 through 8 and inserting:
"State of Nevada [}
}ss.]
County of [}]".
Amend sec. 7, page 5, line 12, after "affirm" by inserting:
"under penalty of perjury".
Amend sec. 7, page 5, line 14, by deleting "therein" and inserting:
"[therein] in the state, district, county, township, city or other area prescribed by law to which the office pertains".
Amend sec. 7, page 5, line 26, by deleting "thereto;" and inserting:
"thereto [;] , including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office;".
Amend sec. 7, page 6, by deleting lines 6 through 8 and inserting:
"State of Nevada [}
}ss.]
County of [}]".
Amend sec. 7, page 6, line 12, after "affirm" by inserting:
"under penalty of perjury".
Amend sec. 7, page 6, line 14, by deleting "therein" and inserting:
"[therein] in the state, district, county, township, city or other area prescribed by law to which the office pertains".
Amend sec. 7, page 6, line 19, after "state;" by deleting "and" and inserting "[and]".
Amend sec. 7, page 6, line 20, by deleting "thereto;" and inserting:
"thereto [;] , including, but not limited to, complying with any limitation prescribed by the constitution and laws of this state concerning the number of years or terms for which a person may hold the office;".
Amend the bill as a whole by deleting sec. 8, and adding a new section designated sec. 8, following sec. 7, to read as follows:
"Sec. 8. NRS 293.181 is hereby amended to read as follows:
293.181 1. A candidate for the office of state senator or assemblyman must execute and file with his declaration of candidacy or acceptance of candidacy a declaration of residency which must be in substantially the following form:
I, the undersigned do swear or affirm under penalty of perjury that I have been a citizen resident of this state as required by NRS 218.010 and have resided or intend to reside at the following residence or residences during the 12 months immediately preceding the date of the general election for the office for which I have filed.
.. ..
Street Address Street Address
.. ..
City or Town City or Town
.. ..
State State
From .. To From .. To
Dates of Residency Dates of Residency
.. ..
Street Address Street Address
.. ..
City or Town City or Town
.. ..
State State
From .. To From .. To
Dates of Residency Dates of Residency

2. Each address of a candidate which must be included in the declaration of residency pursuant to subsection 1 must be the street address of the residence where he actually resided or resides, if one has been assigned. The declaration of residency must not be accepted for filing if any of the candidate's addresses are listed as a post office box, unless a street address has not been assigned to the residence.".
Amend sec. 10, page 7, after line 44, by inserting:
"The notice required for a general election pursuant to this section may be published in conjunction with the notice required for a proposed constitution, constitutional amendment or statewide measure pursuant to NRS 293.253. If the notices are combined in this manner, they must be published three times in accordance with subsection 3 of NRS 293.253.".
Amend sec. 14, pages 9 and 10, by deleting sec. 14 and inserting:
"Sec. 14. (Deleted by amendment.)".
Amend sec. 16, page 11, line 9, after "affirm" by inserting:
"under penalty of perjury".
Amend sec. 16, page 11, line 12, after "affirm" by inserting:
"under penalty of perjury".
Amend sec. 16, page 11, line 17, after "affirm" by inserting:
"under penalty of perjury".
Amend sec. 16, page 11, line 20, after "affirm" by inserting:
"under penalty of perjury".
Amend sec. 16, page 11, line 23, after "affirm" by inserting:
"under penalty of perjury".
Amend sec. 17, page 12, line 32, by deleting ""Rejected."" and inserting ""Canceled." ".
Amend sec. 18, page 13, by deleting lines 5 and 6 and inserting:
"clerk within the designated territory on or before the [first Friday in February preceding the election.] date on which a certificate of candidacy for a candidate of a major political party must be filed pursuant to NRS 293.180.".
Amend sec. 20, page 15, by deleting sec. 20 and inserting:
"Sec. 20. (Deleted by amendment.)".
Amend sec. 22, page 16, by deleting sec. 22 and inserting:
"Sec. 22. (Deleted by amendment.)".
Amend sec. 24, page 17, by deleting lines 18 through 20 and inserting:
"(c) Is valid until the [verification of signatures is completed pursuant to NRS 293.1276 to 293.1279, inclusive.] date on which the call for a special election is issued, as set forth in NRS 306.040.".
Amend sec. 24, page 17, line 30, by deleting the bracket.
Amend sec. 24, page 17, line 34, by deleting the bracket.
Amend the title of the bill, fifth line, by deleting:
"prohibiting electioneering near a polling place;".
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. 185.
Bill read second time and ordered to third reading.

Assembly Bill No. 292.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 138.
Amend section 1, page 1, line 5, after "litigation" by inserting:
"or in summary determination pursuant to subsection 4 of NRS 145.060 or subsection 2 of NRS 147.130".
Amend section 1, page 1, line 7, after "legatee" by inserting ", creditor".
Amend sec. 2, page 2, line 18, after "heir," by inserting "creditor,".
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. 63.
Bill read second time.
The following amendment was proposed by Assemblyman Anderson:
Amendment No. 112.
Amend section 1, page 1, by deleting lines 13 and 14 and inserting:
"information on, his driver's license. If the licensee returns to this state for 14 contiguous days or more, the licensee shall, within 24 days after the date of his return, surrender the temporary license and obtain a license".
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. 75.
Bill read second time and ordered to third reading.

Senate Bill No. 84.
Bill read second time and ordered to third reading.

Assemblyman Arberry moved that Assembly Bill No. 185 be re-referred to the Committee on Ways and Means.
Motion carried.

On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to Kelli Taylor and Clyda Anderson.

On request of Assemblywoman Braunlin, the privilege of the floor of the Assembly Chamber for this day was extended to Keith Kelley and Patty Kelley.

On request of Assemblywoman Berman, the privilege of the floor of the Assembly Chamber for this day was extended to Angela Mullin.

On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Paddy Ryan.

On request of Assemblyman Ernaut, the privilege of the floor of the Assembly Chamber for this day was extended to Jessica Castro and James Sande.

On request of Assemblyman Herrera, the privilege of the floor of the Assembly Chamber for this day was extended to Ofe Hirigoyen, Maria Hirigoyen and Fran Marineri.

On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Sarah Benson, Christina Bradshaw, Travis Clanton, Nicole Cleeves, Keenan Copp, Heather Davis, Gigi Delgado, Gina Dore, Adam Flube, Davey Halabub, Kindal Hartley, Katy Holdeman, Kevin Jackson, Chase Johnson, Krystle McKerrihan, Amanda Merrill, Ashley Mitchell, Stephanie Morse, Nathan Newton, Heather Otterbein, Donna Hartley, Katherine Bradshaw, Tammy Holdeman, Jana McKerrihan, Cerena Cooper, Natalie Benson, Gary Dore, Carolyn Mitchell, Christine Talbott, Wes Peebles, Aaron Candee, Brittany Pounds, Jamie Scott, Justine Talbott, Holly Thiesen, Matt Thomas, Tynan Tillack, Bryan Allen, Andrew Ramos, Sonya Gahn, Jerry Garcia, Sean Laird, Billy Guffey, Ryan Hammond, Staci Hoogestraat, Bradley Johnson, Bryan Stiehler, Rick Klena, Holly Komons, Chris Madone, Brandon Moore, Patrick Moore, LaShonda Munoz, Sara Murphy, Melissa Oglesby, Jesse Over, Ciarra Proulx, Sandy Stehman, Theresa Brocchini, Lolita Johnson, Peggy Madsen, Linda Proulx, Letty Ramos, Mary Moore, Regina Rojas, Anthony Steghieri, Parnell Springmeyer, James Stockton, Vanessa Wasilchuk and Wesley Weigand.

On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Kaelin Blunt.

On request of Assemblywoman Koivisto, the privilege of the floor of the Assembly Chamber for this day was extended to Burt Gurr.

On request of Assemblywoman Krenzer, the privilege of the floor of the Assembly Chamber for this day was extended to Warren Wish and Mrs. Warren Wish.

On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to David Herbst.

On request of Assemblyman Parks, the privilege of the floor of the Assembly Chamber for this day was extended to Ernest Freggiaro.

On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Michelle Spieth and Marv Rubin.

On request of Assemblyman Sandoval, the privilege of the floor of the Assembly Chamber for this day was extended to Ellie Riley.

Assemblyman Perkins moved that the Assembly adjourn until Monday, April 7, 1997 at 11 a.m.
Motion carried.

Assembly adjourned at 12:06 p.m.

Approved: Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly