THE FIFTY-FOURTH DAY
Carson City (Friday), March 26, 1999
Assembly called to order at 10:23 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Father Jeff Paul.
Gracious God, looking back on our history we see Your boundless love and humor; look upon all who serve this great state, especially those who have gone before us, whom we love but see no longer. We give thanks for the life and witness of Linda Alden. Multiply the manifold blessings of Your love in Linda, that the good work which You began in her may be made manifest in us. May her legacy encourage us to promote the well being and dignity of all people. In Your Name we pray. 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 Concurrent Committee on Health and Human Services, to which was referred Assembly Bill No. 337, 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 Judiciary, to which was referred Assembly Bill No. 51, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernard Anderson, Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was referred Assembly Bill No. 268, 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
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 19.
Assemblywoman Gibbons moved the adoption of the resolution.
Remarks by Assemblywoman Gibbons.
Resolution adopted, as amended.
Assembly Concurrent Resolution No. 21.
By Assemblymen Collins, Beers, Anderson, Cegavske, Hettrick, Nolan, Brower, Leslie, Evans, Goldwater, Thomas, Carpenter, Segerblom, Gibbons, Berman, Neighbors, Lee, Buckley, Bache, Humke, Manendo, Parnell, de Braga, Freeman, Parks, Giunchigliani, Tiffany, Koivisto, McClain, Gustavson, Perkins, Price, Mortenson, Claborn, Arberry, Chowning, Ohrenschall, Marvel and Angle; Senators Porter, McGinness, Neal, James, Coffin, Amodei, Care, Carlton, Jacobsen, Mathews, O'Donnell, Raggio, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Assembly Concurrent Resolution No. 21—Declaring the last week of June as Nevada Amateur Radio Week in Nevada.
Whereas, When an emergency occurs, conventional systems of communications are often inoperative during the first few days after the emergency occurs; and
Whereas, Before the conventional systems of communications can be restored, amateur radio operators are on the scene to provide communications and assistance; and
Whereas, In Nevada, these operators are members of the State of Nevada Amateur Radio Emergency Service or the Radio Amateur Civil Emergency Service, and their service is completely voluntary; and
Whereas, This year, the last week of June will be devoted toward final preparations for “Field Day,” an operation designed to simulate an emergency situation and coordinate the efforts of amateur radio operators; and
Whereas, “Field Day” will be held the last weekend of June in a remote location where power is supplied by either generators or batteries; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the Legislature of the State of Nevada do hereby declare the last week of June to be Nevada Amateur Radio Week in honor of the many volunteers who generously donate their time and equipment to provide invaluable assistance during an emergency situation; and be it further
Resolved, That the Nevada Legislature commends and congratulates the members of the State of Nevada Amateur Radio Emergency Service and the Radio Amateur Civil Emergency Service for their participation in “Field Day” and for their many hours of dedicated service to all Nevadans throughout the year.
Assemblyman Collins moved the adoption of the resolution.
Remarks by Assemblyman Collins.
Resolution adopted unanimously.
Assemblyman Collins moved that all rules be suspended and that Assembly Concurrent Resolution No. 21 be immediately transmitted to the Senate.
Motion carried unanimously.
Senate Concurrent Resolution No. 1.
Assemblywoman Giunchigliani moved the adoption of the resolution.
Remarks by Assemblywoman Giunchigliani.
Resolution adopted, as amended.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 10:48 a.m.
ASSEMBLY IN SESSION
At 10:49 a.m.
Madam Speaker pro Tempore presiding.
Quorum present.
By Assemblymen Dini, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams; Senators Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Assembly Concurrent Resolution No. 40—Memorializing the former Chief Clerk of the Nevada Assembly, Linda B. Alden.
Whereas, The members of the Nevada Legislature and the Legislative Counsel Bureau were deeply saddened with the untimely passing of Linda B. Alden on October 10, 1998; and
Whereas, Linda was born in Sheridan, Wyoming, on January 1, 1945, to Mark and Hariett McManus; and
Whereas, After graduation from Sheridan High School in 1963, Linda attended the University of Wyoming in Laramie, Wyoming; and
Whereas, In 1964, Linda returned to Sheridan and began working for the County Assessor’s Office which was the beginning of her career in public service; and
Whereas, Many persons in this legislative body first met Linda during the 1983 legislative session when she was hired by the Assembly as Secretary to Speaker John Vergiels; and
Whereas, During that session, Linda impressed everyone with her professional demeanor and outstanding work ethic and was offered and accepted the position as Administrative Assistant to Chief Clerk Mouryne Landing and Secretary of the Senate Janice Thomas; and
Whereas, Linda continued to work for the Nevada Legislature and the Legislative Counsel Bureau in various capacities including Minute Clerk and Journal Clerk for the Senate Front Desk, and Receptionist and Lobbyist Registration Clerk for the Legislative Counsel Bureau; and
Whereas, Because of her excellent organizational skills, Linda was recruited to assist in the coordination of the annual meeting of the National Conference of State Legislatures that was hosted by Nevada in Reno in 1988; and
Whereas, Linda later moved to Denver, Colorado, where she worked for the National Conference of State Legislatures for the record-breaking period of 1 week, when she was reunited with her high school sweetheart and moved from Denver to join him in Wyoming, thus leading to a cherished moment in Linda’s life, her marriage to Bruce Alden on December 12, 1990; and
Whereas, After their marriage, Linda and Bruce lived together in Wyoming for a short while before returning to Carson City in December 1992, when Linda became the Assembly Journal Clerk, a position she held during the 1993 and 1995 legislative sessions; and
Whereas, During the interim between the 1993 and 1995 session, Linda was hired as an Administrative Assistant for the late Jerry Kenney, Chief of the Legislative Police; and
Whereas, On September 8, 1995, Linda’s professional dream became a reality when she was appointed to be the Chief Clerk of the Assembly upon the retirement of former Chief Clerk, Mouryne Landing; and
Whereas, In November 1995, Linda was initially diagnosed with ovarian cancer; and
Whereas, Many of her friends shared in the grief Linda experienced upon learning that her son, Richie Ruff, had been killed on May 27, 1996, by a drunk driver; and
Whereas, During the 1997 legislative session, Linda focused all of her energy on the demands of her new position and continued to keep the members of the Assembly on track as she successfully filled the shoes of her role model and dear friend, Mouryne; and
Whereas, Linda treasured the friendship she shared with Joe and Mouryne Dini, whose caring support was invaluable in helping Linda to attain her professional goals and, more importantly, to face the personal challenges in her life; and
Whereas, Of the many ways that Linda exhibited her natural wit and true spirit, the finest example, not evident to the general public, was that she often wore Mickey Mouse slippers while conducting business in the Assembly Chambers; and
Whereas, With all of this said and done, the quintessential memory that will be forever etched in the annuls of legislative history is that in the Assembly Chambers, on the occasion of Speaker Dini’s 68th birthday in 1997, Linda B. Alden successfully transformed her front desk staff and the Sergeant at Arms’ staff into Macarena dancers, led by none other than, the former Chief Clerk, Mouryne Landing Dini; and
Whereas, On October 10, 1998, Linda lost her courageous battle with this deadly disease after years of fighting and, with her passing, Nevada lost a friend whose bright smile and warm personality will forever be missed by the members of this Legislature; and
Whereas, Linda is survived by her husband Bruce Alden, mother Hariett McManus of Sheridan, Wyoming, sister Norma Dean of Lakewood, Colorado, brother Jim McManus of Worland, Wyoming, daughter Nicki Aaker of Dayton, Nevada, sons Marc Alden of Casper, Wyoming, and Scott Alden of Billings, Montana, and six grandchildren; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 70th legislative session offer their sincere condolences and heartfelt sympathy to the family and many friends of Linda B. Alden, a gracious, spirited, fun-loving lady who lived her life with dignity and courage; and be it further
Resolved, That it is with the utmost respect that this legislative body offers its condolences and appreciation to Bruce Alden for his devotion and the encouragement that he graciously offered to Linda throughout her battle; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Linda’s beloved husband Bruce Alden and to her mother Hariett McManus.
Assemblyman Dini moved the adoption of the resolution.
Remarks by Assemblymen Dini, Hettrick, Perkins, Giunchigliani, Marvel, Manendo, Chowning, Cegavske, Bache, Price, Ohrenschall, Anderson, Carpenter, Goldwater and Thomas.
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblyman Dini:
Thank you, Madam Speaker pro Tempore. As you can tell, it’s probably going to be an emotional morning. I remember when Linda first came to work for us in the 1983 session as Speaker Vergiels’ secretary. After that, she worked for both the Chief Clerk and Secretary of the Senate. She was the first secretary for the Chief Clerk and Secretary for which we ever allocated funds. Previously, the Chief Clerk and Secretary of the Senate had to do their own typing if they wanted to send a letter. Now, we have a secretary for each house, which is even better. I guess that is progress.
When she took over as Chief Clerk, it was a major occurrence for former co-Speaker Hettrick and me. We had to make a decision about the 1997 session and the hiring of Linda to be the Chief Clerk. Her career was well-rounded out. She worked in both houses; she had served here, on our front desk; she had been with the legislative police; and she had been the interim secretary. So she knew the process. That is the thing we weighed: that she had the best rounded-out background to serve as our Chief Clerk. She certainly didn’t disappoint us in the 1997 session. She did a beautiful job and she put together an excellent staff. We had a great front desk, just as we have this year. It seems that when people come to the Assembly they do their best and they know they are doing the people’s work.
Linda knew the process well. She was known for her warm, friendly smile and her caring concern for other people. Within a few short years she had suffered the loss of her father, the loss of her only son and dealt with two bouts of cancer. She never really lost her smile or her concern for others, however. She was a real fighter. Linda was also a family person. She found so much happiness in her marriage to Bruce and the new family she acquired. She loved being a grandmother.
About a week before her death, she said to my wife, “I don’t think I’m afraid to die. But I don’t want to. I still have a lot to offer.” She did still have a lot to offer. Hers was a premature death and she will be long remembered and missed by all of us in this chamber. Thank you.
Assemblyman Hettrick:
Thank you, Madam Speaker pro Tempore. I’m not as capable of talking through my emotions as the Speaker is. I’ll simply say she’s truly missed. Bruce and the family know how I feel about Linda.
Assemblyman Perkins:
Thank you, Madam Speaker pro Tempore. The Chief Clerk of the Assembly is certainly a very, very important person to this body and to this institution. It’s also a person that keeps the Speaker on track, keeps the Majority Leader on track, and keeps the entire process moving. Linda did that so well. I’m convinced that her battle through that disease was as successful as it was only because of her energy, her attitude, and what she brought to life itself. I do recall many of the comments made by Father Jeff Paul during her services and I echo all of them, to be restated today with as much enthusiasm.
The one thing that sticks out for me in a personal way, with Linda, was after my son’s bout with cancer in 1993, she was one of the people that was so encouraging and so uplifting. She made our family able to cope with that. Thank you, Madam Speaker pro Tempore.
Assemblyman Giunchigliani:
Thank you, Madam Speaker pro Tempore. I too rise in support of ACR 40. Linda, I guess we could sum her up with her sense of humor—yes, her Mickey Mouse slippers—but I think she also always had a bright smile on her face. That’s how we will always remember her. She also had a great deal of class. So even when she was joking around, she always carried that class. What I want to share with you is similar to what Mr. Perkins remarked about. Mr. Bache, Mr. Anderson and I share a very dear friend, Steve Kazign, who is known by many of you. Unfortunately, he has the same disease. When I found out Linda had cancer, I had her and Steve talk with each other. She called me back to thank me, which was Linda’s way. They gave each other a great deal of encouragement, which was helpful, because Steve was able to explain to her the surgery that she was going to go through. This gave her some comfort. But she gave him a great deal of comfort also and I don’t think he will ever forget that.
I would just sum up by saying that she was a wonderful person to know. She touched many of our lives. Her caring and courage will never be forgotten. Thank you.
Assemblyman Marvel:
Thank you, Madam Speaker pro Tempore. I also rise in support of ACR 40. I would like to thank Mouryne at this time for having done such a wonderful job in training Linda. I was spoiled having been around here since 1979. I didn’t think anyone would ever replace Mouryne. But, she did such a beautiful job in training Linda, that Linda became kind of like part of our family. She was such a gracious person, so understanding of everyone else’s problems, even though she had problems herself. In the times I called her, she always had that glimmer of hope. I think it shocked all of us when Jacque called to let us know of her passing. It was like losing a daughter, to me. I certainly wish to express my condolences to Bruce and certainly to Linda’s family because we have lost one tremendous friend. Thank you.
Assemblyman Manendo:
Thank you, Madam Speaker pro Tempore. I am honored to rise and stand in support of ACR 40. Ms. Alden had a particular interest in DUI legislation and we spent many hours in her office talking about her son, Richie, and what a tragic occurrence took place on May 27, 1996. The chairman of the Judiciary Committee allowed her the opportunity to come and testify on a piece of legislation. She was really honored to be able to do that. That was just another example of her dedication to her causes and the great State of Nevada. After she had the opportunity to speak on the legislation, we had a chance to sit down and talk. Testifying was something I think she needed to do, for herself. It was very courageous to get up and tell the Judiciary Committee about her story. We were all touched by that and I will never forget her for her participation in that process. Thank you.
Assemblywoman Chowning:
Thank you, Madam Speaker pro Tempore. I, too, am honored to speak in support of this resolution. I want to thank Linda for her friendship and how she reached out to me when I was a freshman. I used to say, “I guess if you’re a freshman, you ought to be called “freshwoman.” She thought that was pretty cool. I just wanted to remind everyone that in Spanish the word Linda is pronounced “Leen-da,” which means “beautiful.” I think she was very appropriately named, because she was not only beautiful outside. Everyone complimented her because her fashion was impeccable, right down to her pink shoes, but she was beautiful inside as well. Everyone here today, who knew her, is so grateful to have had her beautiful friendship. Her spirit of beauty is with us here today and will always remain with us. Thank you.
Assemblywoman Cegavske:
Thank you, Madam Speaker pro Tempore. I rise in support of ACR 40 and I want to say, as a freshman last session, Linda was there for me. The very first day she had that smile. She was there to do anything that we needed, help us in any way and show us the ropes, making it look like we knew what we were doing. I really appreciated her. As Speaker Dini and others have talked about her smile, I can envision that every time I close my eyes and think of her, I see her smile that she shared. Her heart was as big as the state of Nevada. I just want to say thank you to Bruce and the family for sharing Linda with us. Thank you.
Assemblyman Bache:
Thank you, Madam Speaker pro Tempore. I too, rise in support of ACR 40. In my role as chairman of Government Affairs, Linda provided the necessary support to me to make me look good; to make my job easier so I could do what I needed to do here on the floor. Also, this is a great loss to my wife because my wife knew Linda back before her legislative service, before 1983. They were colleagues and friends when she worked in Clark County. In 1995 and 1997, when my wife was up here on occasion during the session, it was a great enjoyment to her to be able to talk again, and spend time with Linda. We miss her greatly. Thank you.
Assemblyman Price:
Thank you, Madam Speaker pro Tempore. I also rise in favor of ACR 40. Like all of us who truly felt like family, we are saddened at the occasion we are remembering today. Linda and I, as we first got to know and meet each other and talk, discovered we both came to Nevada from Wyoming. I happened to have come to Nevada from Cheyenne. So we felt we had a little something in common just getting started from that aspect. I have to tell you, as Linda went on to become our Chief Clerk, I personally thought no one would be able to come close to our prior clerk, Mouryne. Linda certainly did, though. She worked hard and she was helped by Mouryne and became, as we all are, part of a large family. We loved her. She is sorely missed.
When I ended up in the hospital she came to visit and contacted me. I sit here, as all of us do with tears in our eyes today, thinking of her beautiful memory and wishing her well up there.
Assemblywoman Ohrenschall:
Thank you, Madam Speaker pro Tempore. I, too, rise in favor of ACR 40. Linda was the epitome of professionalism. I’ll never forget in our last session, when I lost my mother, and the world seemed to have crashed around me, Linda made sure to take many, many opportunities to grieve with me, privately, until she felt sure that I had come to terms with the grieving process. This was while she was carrying on all the heavy burdens of the legislature. She helped me a great deal. Thank you.
Assemblyman Anderson:
Thank you, Madam Speaker pro Tempore. Most of the statements about the loving family that we all are, here in this body, have been said. I had the opportunity to work with Linda on several different fronts. One of them was the computer system which we have here. She played a vital role. If you had been here in the last session when this place was in a physical upheaval, recognize that she was here every day, making sure that every stick of furniture which you now see, and the comfort we stand in, was put in place. This was her chamber; it was her chamber in a very real way. The computer system which we work with is much modeled by the input that she had, in making sure that it met the needs of the front desk and the many needs of the people of the state.
When I walked into the chamber today and I saw the lovely bunting and balloons, I looked on the desk and saw the resolution. At first, I thought, “Gee, how strange.” Then I thought, “How appropriate. How very appropriate.” Because it was that humor, that continuous sense of humor that was Linda, that made us all love her; made us part of a family. She made everyone feel and made me feel that each one of us was the most important person here. And treated each of us as if, indeed, we were the Speaker. That was Linda. And that is the reason why we love her.
Assemblyman Carpenter:
Thank you, Madam Speaker pro Tempore. I, too, want to rise in support ACR 40. Linda was a great friend to all of us, especially to this cowboy. I just want to say, “Amen” to everything that has been said here.
Assemblyman Goldwater:
Thank you, Madam Speaker pro Tempore. It is ironic that we are most somber, grieving the loss of somebody who had such a smile in her heart. The Assemblyman from Sparks said it best. This is a family around here. We all learn something from our family. The Chief Clerk is a wonderful matriarch of that family. Linda was fantastic. As a member of that family, you think about what you get from the other members of the family. You think no matter how physically strong you are, no matter how cunning, coy, or wise, it’s observing a life and reflecting on a life like Linda’s that reminds you how real strength is manifested. It reminds you how small we all are and how much we have to learn. And what real greatness is. What real wisdom is. What real strength is. That is what I took from Linda. The smile that is in my heart came from Linda and will always be there.
Assemblyman Thomas:
Thank you, Madam Speaker pro Tempore. I, too, want to rise in support of ACR 40. While I did not know Linda, I just wanted to offer a perception to this body that my son offered me when he was only four. It seems very appropriate and fitting at this moment.
We were driving east during sunset and so we had the horizon laid out before us. My son took his hand and pointed across the horizon and said “Daddy, what is this?”
“I don’t know,” I said. “Are you talking about the trees? Or the rooftops? Or the streetlights? The horizon? What are you talking about?”
“No, Daddy. Just, all of this. Is this just one big story?”
I was really taken aback by that. I had to slow down. When I pulled up into the driveway, I thought about it for a minute. Finally, I said, “You know, you’re right. It is just one big story. But it is a very important story. And if you do a good job at it, perhaps they will write a book about it;” or in this case, a solution. So, I just wanted to say that I am sad to have missed Linda’s story. Thank you.
Resolution adopted unanimously.
Assemblyman Dini moved that all rules be suspended and that Assembly Concurrent Resolution No. 40 be immediately transmitted to the Senate.
Motion carried unanimously.
Madam Speaker pro Tempore announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:16 a.m.
ASSEMBLY IN SESSION
At 11:25 a.m.
Mr. Speaker presiding.
Quorum present.
SECOND READING AND AMENDMENT
Assembly Bill No. 74.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 225.
Amend the bill as a whole by deleting section 1 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. A person who is a retired employee and who accepts employment as a member of the professional staff of the college of education of the University of Nevada, Reno, or the University of Nevada, Las Vegas, to teach a course of study or training is exempt from the provisions of subsections 1 and 2 of NRS 286.520 for the duration of that employment.
Sec. 2. This act becomes effective on July 1, 1999, and expires by limitation on July 1, 2001.”.
Amend the title of the bill, first line, after “providing” by inserting “temporarily”.
Amend the summary of the bill to read as follows:
“SUMMARY Provides temporarily that retired public employees may accept certain employment with University and Community College System of Nevada without affecting their retirement benefits. (BDR S‑1342)”.
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. 131.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 227.
Amend sec. 2, page 2, line 30, after “provisions of” by inserting:
“any regulations adopted pursuant to”.
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. 237.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 210.
Amend sec. 2, page 2, line 25, by deleting “and”.
Amend sec. 2, page 2, line 26, by deleting the period and inserting:
“operations; and
(6) Improving the efficiency of the operation of a facility for the storage of water, including, without limitation, efficiency in diverting water to such a facility.”.
Amend the bill as a whole by adding a new section designated sec. 6, following sec. 5, to read as follows:
“Sec. 6. NRS 349.986 is hereby amended to read as follows:
349.986 The state board of finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than [$40,000,000] $50,000,000 to support the purposes of the program. The net proceeds from the sale of the bonds must be deposited in the fund. The bonds must be redeemed through the consolidated bond interest and redemption fund.”.
Amend the title of the bill, first line, after “conserve water;” by inserting:
“increasing the amount of general obligation bonds that the state board of financemay issue to provide the grants;”.
Amend the summary of the bill, first line, by deleting “Authorizes” and inserting:
“Revises provisions relating to”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Assemblyman Bache moved that upon return from the printer Assembly Bill No. 237 be re-referred to Ways and Means.
Motion carried.
Bill ordered reprinted, engrossed and to the committee on Ways and Means.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Carpenter moved that Assembly Bill No. 31 be taken from the Chief Clerk's desk and placed at the bottom of the General File.
Motion carried.
Assemblyman Price moved that Assembly Joint Resolution No. 5 of the 69th Session be taken from the Chief Clerk’s desk and placed on the General File for the next legislative day.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 251.
Bill read second time and ordered to third reading.
Assembly Bill No. 285.
Bill read second time.
The following amendment was proposed by the Committee on Natural Resources, Agriculture, and Mining:
Amendment No. 189.
Amend section 1, page 2, by deleting lines 28 through 30 and inserting:
“State Department of Conservation and Natural Resources in cooperation with other state agencies, shall coordinate the development and implementation of a program of environmental improvement projects for:”.
Amend the preamble of the bill, page 2, line 11, by deleting:
“and local governments” and inserting:
“, local governments and private property owners”.
Amend the title of the bill, third line, by deleting:
“establish and administer” and inserting:
“coordinate the development and implementation of”.
Assemblyman de Braga moved the adoption of the amendment.
Remarks by Assemblyman de Braga.
Amendment adopted.
Bill ordered reprinted, engrossed and to the Concurrent Committee on Ways and Means.
Assembly Bill No. 308.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 140.
Amend section 1, page 1, line 3, by deleting “each” and inserting “any”.
Amend section 1, page 1, by deleting lines 4 through 7 and inserting:
“person who is on the property or entering the property of an institution and any vehicle, property or goods of the person that is on the property of the institution”.
Amend section 1, page 1, line 9, after “substance.” by inserting:
“The program may provide that the selection of the persons or items to be sniffed may be made on a random basis or based on reasonable suspicion or probable cause to believe that the person possesses a controlled substance.”.
Amend section 1, page 1, line 10, after “2.” by inserting:
“If the person handling the trained dog as part of the program established pursuant to subsection 1 reasonably interprets the action of the dog as an indication that a controlled substance may be present, a peace officer may conduct an appropriate search of the person, vehicle, property or goods to determine whether a controlled substance is present.
3.”.
Amend the title of the bill by deleting the second line and inserting:
“dogs to sniff certain persons on the property or entering the property of an institution and other items that such persons bring onto the property of an institution to detect the presence of a”.
Amend the summary of the bill to read as follows:
“SUMMARY Requires department of prisons to establish program to use dogs to detect presence of controlled substances. (BDR 16-959)”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Assemblyman Anderson moved that upon return from the printer Assembly Bill No. 308 be re-referred to the Committee on Ways and Means.
Motion carried.
Bill ordered reprinted, engrossed and to the committee on Ways and Means.
Assembly Bill No. 311.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 230.
Amend sec. 5, page 4, by deleting line 22 and inserting “person; or”.
Amend sec. 5, page 4, by deleting line 25 and inserting:
“origin [.] of that person.”.
Amend sec. 6, pages 5 and 6, by deleting lines 40 and 41 on page 5 and lines 1 through 6 on page 6.
Assemblywoman Buckley moved the adoption of the amendment.
Remarks by Assemblywoman Buckley.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 332.
Bill read second time.
The following amendment was proposed by the Committee on Education:
Amendment No. 194.
Amend sec. 3, page 3, line 41, by deleting “3 hours” and inserting “1 hour”.
Amend sec. 3, page 4, line 14, by deleting “2 hours” and inserting “1 hour”.
Assemblyman Williams moved the adoption of the amendment.
Remarks by Assemblyman Williams.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 414.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 211.
Amend sec. 3, page 2, line 41, by deleting “[1.]” and inserting “1.”.
Amend sec. 3, page 3, line 8, by deleting “[(a)] 1.” and inserting “(a)”.
Amend sec. 3, page 3, line 10, by deleting “[(b)] 2.” and inserting “(b)”.
Amend sec. 3, page 3, line 12, by deleting “[(c)] 3.” and inserting “(c)”.
Amend sec. 3, page 3, line 14, by deleting “[(d)] 4.” and inserting “(d)”.
Amend sec. 3, page 3, by deleting lines 16 through 19 and inserting:
“2. [The] Each month, a county recorder shall send [a copy of the affidavit]all the information contained in each affidavit received by him pursuant to subsection 1 during the immediately preceding monthto the welfare division of the department of human resources [by certified mail, return receipt requested, postage prepaid, within 3 days after the affidavit is recorded.]in any format and by any medium approved by the welfare division.”.
Amend the bill as a whole by deleting sec. 4.
Amend the title of the bill to read as follows:
“AN ACT relating to county recorders; increasing the fee charged by a county recorder for certifying a document; prohibiting the recording of certain documents that do not contain certain information; revising the manner in which the county recorder provides the welfare division of the department of human resources with information contained in an affidavit of death; and providing other matters properly relating thereto.”.
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. 447.
Bill read second time and ordered to third reading.
Assembly Bill No. 612.
Bill read second time and ordered to third reading.
Assembly Joint Resolution No. 14.
Resolution read second time.
The following amendment was proposed by the Committee on Health and Human Services:
Amendment No. 255.
Amend the preamble of the resolution, page 1, line 2, by deleting “nonspecific”.
Amend the preamble of the resolution, page 1, by deleting line 6 and inserting:
“attributed to irrelevant conditions; and”.
Amend the preamble of the resolution, page 1, line 7, by deleting “disorder” and inserting “illness”.
Amend the preamble of the resolution, page 1, line 8, by deleting “disorder” and inserting “illness”.
Amend the preamble of the resolution, page 2, line 6, by deleting “disorder;” and inserting “illness;”.
Amend the preamble of the resolution, page 2, by deleting line 22 and inserting:
“ruling out alternative problems, ameliorating symptoms, using alternative treatments and offering”.
Assemblywoman Berman moved the adoption of the amendment.
Remarks by Assemblywoman Berman.
Amendment adopted.
Resolution ordered reprinted, engrossed and to third reading.
Assembly Joint Resolution No. 15.
Resolution read second time and ordered to third reading.
general file and third reading
Assembly Bill No. 31.
Bill read third time.
Remarks by Assemblymen Anderson, Nolan, Claborn and Carpenter.
Roll call on Assembly Bill No. 31:
Yeas—30.
Nays—Angle, Beers, Berman, Brower, Carpenter, Cegavske, Dini, Gustavson, Hettrick, Humke, Marvel, Nolan—12.
Assembly Bill No. 31 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 165.
Bill read third time.
Remarks by Assemblywoman Angle.
Roll call on Assembly Bill No. 165:
Yeas—42.
Nays—None.
Assembly Bill No. 165 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 229.
Bill read third time.
Remarks by Assemblyman Carpenter.
Roll call on Assembly Bill No. 229:
Yeas—40.
Nays—Angle, Gustavson—2.
Assembly Bill No. 229 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 297.
Bill read third time.
Remarks by Assemblymen Bache and Carpenter.
Roll call on Assembly Bill No. 297:
Yeas—34.
Nays—Angle, Carpenter, Collins, Evans, Giunchigliani, Gustavson, Price, Williams—8.
Assembly Bill No. 297 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 305.
Bill read third time.
Remarks by Assemblywoman Freeman.
Roll call on Assembly Bill No. 305:
Yeas—42.
Nays—None.
Assembly Bill No. 305 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 309.
Bill read third time.
Remarks by Assemblymen Humke and Brower.
Assemblyman Perkins moved that Assembly Bill No. 309 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.
Assembly Bill No. 322.
Bill read third time.
Remarks by Assemblyman de Braga.
Roll call on Assembly Bill No. 322:
Yeas—42.
Nays—None.
Assembly Bill No. 322 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 363.
Bill read third time.
Remarks by Assemblymen Leslie, Arberry, Anderson and Buckley.
Roll call on Assembly Bill No. 363:
Yeas—42.
Nays—None.
Assembly Bill No. 363 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 Arberry.
Roll call on Assembly Bill No. 374:
Yeas—42.
Nays—None.
Assembly Bill No. 374 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 408.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 408:
Yeas—42.
Nays—None.
Assembly Bill No. 408 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Senate Bill No. 158.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Senate Bill No. 158:
Yeas—42.
Nays—None.
Senate Bill No. 158 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 26, 1999
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. 26.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 26.
Assemblywoman Evans moved the adoption of the resolution.
Remarks by Assemblymen Evans, Anderson, Buckley and Angle.
Mr. Speaker requested the privilege of the Chair for the purpose of making remarks.
Resolution adopted unanimously.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 22, 24, 79; Senate Concurrent Resolution No. 24.
REMARKS FROM THE FLOOR
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Assemblyman de Braga:
Roastalution
WHEREAS, on March 28, 1929 Joseph Dini was born to Elvira and Giuseppe Dini in the sleepy little hamlet of Yerington, Nevada; and
WHEREAS, there was a family conference committee following Joe's birth and only the absence of a quorum prevented him from being switched in the hospital nursery; and
WHEREAS, his less than impressive youth made it abundantly clear to everyone—except possibly Elvira and Giuseppe—that Joe was one of those who would probably have to wait for greatness to be thrust upon him; and
WHEREAS, the early indications were that if greatness should be so thrust, it would probably come in the political arena, a presumption substantiated by reports that he repeatedly asked his grade school teachers for five minute recesses and annually pleaded with them to "do pass"; and
WHEREAS, his academic record at the University of Nevada was so sterling that he actually had it sealed by a court; and
WHEREAS, his meteoric rise from complete obscurity to mediocrity as an appointed member of the swimming pool board is still pointed to by the locals as an example to be emulated by all those who wish to make something—without being too specific—of themselves; and
WHEREAS, Joe's own cherished dream to someday run away and join the circus became a reality in 1966, when he finally got his big chance, and surprised everyone by actually being elected to the Nevada Assembly; and
WHEREAS, he has now served in that circus for 33 years—many times as ringmaster—with wit and wisdom and more than a modicum of understanding of life which he has so often summed up with his inspiring philosophical observation, "Manure happens," and
WHEREAS, throughout his career, his clever application of the political process sometimes referred to as "the game" is legend—not only because he understands it, but because he invented it; and
WHEREAS, his amazing sense of humor has helped him bridge the gap between his dignified role as Speaker of the Nevada Assembly for a record 16 years and his unseemly membership in the Royal Order of Jesters and E Clampis Whatsis, and
WHEREAS, Joe is widely recognized as the person who discovered dirt, his opinions on farming and ranching are sought out by urban and rural legislators, alike. His now internationally acclaimed "You Can Lead a Horse to Water, But if You Can Teach Him to Float on His Back You've Really Done Something" speech has motivated and encouraged literally thousands; and
WHEREAS, for proof of his stature as a great statesman and humanitarian, one has but to look at his courageous stand (or would that be courageous sit?) on outhouses; his steadfast belief that inside every good Republican there is a practically adequate Democrat struggling to get out; and the fact that—against the most insurmountable odds—he will fight to the death if need be, for equality for garlic and onions; and
WHEREAS, no one knows how many awards and accolades he has received, the first ones having been bestowed before records were kept, and
WHEREAS, in the year 2047:
Joe Dini will knock at the pearly gates
His face will be scarred and old
He'll caucus with St. Peter
For admission to the Fold
When Joe gets in, God will be wise
To hold back His new boarder
Or in a blink, Joe will, I think
Be calling Heaven to order.
NOW THEREFORE, BE IT RESOLVED that in recognition of both Joe and the legislature having reached their 70th birthdays—which as everyone knows is 140 in government years; and
BE IT FURTHER RESOLVED that we join his wife Mouryne and his family in wishing him a happy birthday and many, many, many, many more of the same; and
BE IT MOREOVER ALSO ADDITIONALLY RESOLVED that we, the honorable and obviously not above sucking-up members of the Nevada Legislature, do hereby proclaim March 28 as Joe Dini Day throughout the state, nation and planet.
HAPPY BIRTHDAY, Mr. Speaker!
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 Bill Massie and Carroll Massie.
On request of Assemblyman Arberry, the privilege of the floor of the Assembly Chamber for this day was extended to Cynthia Clampitt.
On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Bill Horsley and Bob Davis.
On request of Assemblyman Brower, the privilege of the floor of the Assembly Chamber for this day was extended to Marina Davis.
On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Allen Marsh and Gloria Marsh.
On request of Assemblyman Claborn, the privilege of the floor of the Assembly Chamber for this day was extended to Harry Hampton.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Bill Starkey and Jeff Davis.
On request of Speaker Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Patrick Mulreany, Bruce Alden, Nicki Aaker, Nathan Aaker, Joshua Aaker, Matthew Aaker, Ryan Menath, Annette Ohman and Mouryne Dini.
On request of Assemblywoman Evans, the privilege of the floor of the Assembly Chamber for this day was extended to Jeane Mulreany.
On request of Assemblyman Gustavson, the privilege of the floor of the
Assembly Chamber for this day was extended to Duncan Insley and Betty Insley.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Bruce Pfeiffer and Sue Pfeiffer.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Dick Budd and Dale Crowley.
On request of Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for this day was extended to June Bennett.
On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to David Law.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Nania Moore, Lois McDonald and Fran Noe.
On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Marcella Brown and Lynn Brown.
On request of Assemblywoman Von Tobel, the privilege of the floor of the Assembly Chamber for this day was extended to Jim Donohue, Bruce Hamilton, Leo Connolly, George Uebele and Dorothy Uebele.
Assemblyman Perkins moved that the Assembly, in conformance with section 15 of Article 4 of the Constitution of the State of Nevada consent to the adjournment Friday, March 26, 1999 of the Senate until Wednesday, March 31, 1999 at 11:00 a.m. and that the Assembly, with the consent of the Senate, adjourn until Wednesday, March 31, 1999 at 11:00 a.m.
Motion carried.
Assembly adjourned at 12:41 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon