THE TWELFTH DAY
Carson City(Friday), February 12, 1999
Senate called to order at 11:10 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present except Senator O’Donnell, who was excused.
Prayer by the Chaplain, Pastor Louie Locke.
Lord, as we approach this Presidents’ Day weekend and Valentine’s Day, may we be reminded of Your wonderful love for each of us and Your desire that we love one another as You have loved us (John 13:34).
I pray for the Senators, staff and their families that this weekend be restful and refreshing. Continue to protect them and give them wisdom and strength for this day and the days ahead. In the Name of the Most High God.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President pro Tempore and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. President pro Tempore:
Your Committee on Commerce and Labor, to which were referred Senate Bills Nos. 100, 101, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Randolph J. Townsend, Chairman
Mr. President pro Tempore:
Your Committee on Judiciary, to which were referred Senate Bills Nos. 30, 114, 115, 118, 120, 123, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Judiciary, to which was referred Senate Bill No. 57, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and re-refer to the Committee on Finance.
Mark A. James, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, February 11, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 10.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 2, 25, 73; Assembly Joint Resolution No. 5.
Susan Furlong Reil
MOTIONS, RESOLUTIONS AND NOTICES
Senator James moved that Senate Bill No. 57 be re-referred to the Committee on Finance.
Remarks by Senator James.
Motion carried.
Assembly Joint Resolution No. 5.
Senator Raggio moved that the resolution be referred to the Committee on Government Affairs.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Commerce and Labor:
Senate Bill No. 175—AN ACT relating to workers’ compensation; revising the penalties for the failure of an employer to provide and secure or maintain workers’ compensation; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 176—AN ACT relating to professions; transferring the authority to regulate the practice of audiology from the board of examiners for audiology and speech pathology to the board of audiologists and hearing aid specialists; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 177—AN ACT relating to manufactured buildings; revising the provisions concerning the codes, standards and regulations adopted by the manufactured housing division of the department of business and industry; requiring a local government authority to give written notice to the manufacturing housing division of any modification of a plan approved by the division; increasing the penalty for a violation of the provisions governing manufactured buildings; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Senate Bill No. 178—AN ACT relating to professional occupations; requiring employment screeners and tenant screeners to be licensed by the private investigator’s licensing board; prescribing the requirements for the licensure of employment screeners and tenant screeners; providing a penalty; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator McGinness and Assemblyman de Braga:
Senate Bill No. 179—AN ACT relating to aeronautics; requiring the licensing of skydiving businesses; providing a penalty; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Senator Shaffer:
Senate Bill No. 180—AN ACT relating to employment practices; authorizing an employer to conduct an on-site test for alcohol or a controlled substance without a license as a medical laboratory under certain circumstances; prohibiting an employer from taking any adverse action against an employee based upon the results of a test for alcohol or a controlled substance under certain circumstances; requiring an employer who conducts an on-site test to register with the health division of the department of human resources; authorizing the health division to impose a fee; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senators Rawson, Raggio, Wiener, Townsend, Neal, Coffin; Assemblymen Perkins, Dini and Goldwater:
Senate Bill No. 181—AN ACT relating to professional occupations; requiring the board of dental examiners of Nevada to issue a limited license to practice dentistry or dental hygiene to certain persons employed by the University and Community College System of Nevada; revising the fees that must be charged by the board expanding the disciplinary powers of the board; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 2.
Senator O’Connell moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 25.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 73.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 11.
Bill read second time and ordered to third reading.
Senate Bill No. 13.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 4.
Amend sec. 3, page 1, line 10, by deleting “and”.
Amend sec. 3, page 1, line 11, after “(b)” by inserting: “The person is required to travel more than 60 miles from his place of residence to attend a licensed school of cosmetology; and
(c)”.
Amend sec. 3, page 2, line 6, by deleting “5” and inserting “3”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 31.
Bill read second time and ordered to third reading.
Senate Bill No. 48.
Bill read second time and ordered to third reading.
Senate Bill No. 52.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 18.
Bill read third time.
Remarks by Senators James and Neal.
Roll call on Senate Bill No. 18:
Yeas—20.
Nays—None.
Excused—O’Donnell.
Senate Bill No. 18 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 19.
Bill read third time.
Roll call on Senate Bill No. 19:
Yeas—20.
Nays—None.
Excused—O’Donnell.
Senate Bill No. 19 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 63.
Bill read third time.
Remarks by Senator James.
Roll call on Senate Bill No. 63:
Yeas—20.
Nays—None.
Excused—O’Donnell.
Senate Bill No. 63 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
REMARKS FROM THE FLOOR
Senator Rawson requested that the following remarks by Senators Coffin and Raggio and, also, a letter from Assemblyman Hettrick be entered in the Journal.
Letter from Assemblyman Hettrick
As you all know, our colleague, Mr. Marvel, is in a local hospital, gravely ill. In fact, Mr. President pro Tempore, he had major surgery less than 24 hours ago.
One week ago, Mr. Marvel uttered an ethnic slur during a committee hearing in this building. And a few minutes later, he publicly indicated that he didn’t intend to offend anyone with his unfortunate choice of words.
Today, a group has gathered in Reno to protest our colleague’s use of that ethnic slur and in support of the Hispanic community.
Mr. President pro Tempore, you and I have known John Marvel for many years. We know him to be honest and fair. A man of integrity who has worked in these halls for every Nevadan—regardless of their ethnic background. We also know him to be human—capable, as we all are, of making mistakes.
John Marvel is a man of character, willing to take responsibility for his actions and willing to make amends. Until he is well enough to do that, in John’s behalf, I would offer a sincere personal apology and deepest regrets for a very unfortunate incident.
In closing, I would ask my colleagues and all Nevadans to pray for John’s complete recovery and quick return to this chamber.
Senator Coffin:
Thank you, Mr. President pro Tempore. After Senator Rawson spoke concerning Assemblyman Marvel, I wanted to add to this before the week is over. I served in the Assembly under the portrait of Abraham Lincoln for four years with John Marvel—two sessions in the early ’80s. I want to tell you that I am deeply saddened by the news that he is not doing well.
I, of course, know about the slur that John uttered last week. That is what I want to discuss with you. I had heard it from him before, about 10 or 12 years ago, when we were serving. I quietly called him to account in the committee we were attending. It happened. A slip of the tongue. Perhaps it indicated something rooted in his childhood. He did not, at that time, mean for it to be an intentional slur and apologized to me when I brought it up with him.
The Chairman of the Ways and Means Committee, Assemblyman Morse Arberry, was chairing the meeting where Mr. Marvel again uttered the words. I believed he did this in an unconscious, unthinking moment. In so doing, Mr. Arberry chided him gently. He did not publicly embarrass him on the floor. Somehow, rather unfairly, Mr. Arberry has now become a target of accusation. I want to tell this body, that Mr. Arberry and I had discussions over the weekend and had a meeting arranged with Mr. Marvel wherein he was going to tender his apology. As far as I am concerned, his apology has been given. It is a matter which should be laid to rest once and for all. He intended to apologize, but he was seized by illness and taken to the hospital and is now at a point where he cannot communicate with anyone. I consider his intent to meet with me to apologize to be an apology because I am the only legislator serving in this House and the other House who is of Mexican descent and one who would thoroughly take umbrage with those remarks. However, I believe that an apology has been given. I have accepted it. As far as I am concerned, it is over, and I hope that other leaders in the Hispanic Community will follow that example.
I wish Mr. Marvel well, wish him good health and hope he returns to serve with us so that we may benefit from his many years of wisdom. Thank you.
Senator Raggio:
Thank you, Mr. President pro Tempore. I would like to add to what Senator Rawson has said. Our information is that Mr. Marvel is presently in the hospital. He underwent surgery last evening and is on a respirator. Consequently, because of medication, he is unable to communicate. Including the remarks of the Assembly Minority Leader is a very appropriate thing for us to do.
I would like also to comment today on the date, February 12 as being Lincoln Day. In our zeal, over past years, to make everything a three-day holiday, we have lost sight of the fact that we used to have February 12 as Lincoln Day and February 22 as the birth date of George Washington, our first president.
I don’t think the date should pass without some special reference to this being the time honored observance of the birth date of Abraham Lincoln. Especially, with reference to the significance to the State of Nevada which was admitted to the Union during the administration of Abraham Lincoln. October 31, 1864, was the date Nevada was admitted to the Union and this was due largely through his efforts and because of the necessity that occurred during his administration.
One reason I am mentioning this is because, on our desks today, we have a printed history of the portrait of Abraham Lincoln. All of us have observed the portrait which hangs in the Nevada Assembly Chambers. Many of us have looked at it over a number of years and not really understood the history concerning this portrait. This printed history was put together as a research project, which was a labor of love, by one of our Information Systems employees, Marilyn Maxfield. She truly loves history and wanted to document the history of the painting. For this compilation, she interviewed many persons who had knowledge about the history of the portrait including our own Senator Lawrence Jacobsen (who knew Abraham Lincoln personally). I think we should commend Marilyn for her effort in writing about an important part of our history, and it is indeed fitting that it is presented to us in celebration of what is now called Presidents’ Day, but most fittingly today by it being Abraham Lincoln’s birthday.
In looking through this printed copy, it is interesting to note that in 1915 this portrait was procured to celebrate the event of 50 years of Nevada’s statehood. If you read through the history, you see that they did things pretty much as we do today. They did them a little quicker and a little cheaper. I believe the portrait only cost $1250. It was unique because, during the lifetime of Abraham Lincoln, there had apparently been no portraits made of him. This one was considered to be quite historic.
Also, something I did not realize, was that there are three bullet holes in the portrait. One is in the left elbow, another in the coat lapel and a third in the right forearm. At sometime after it was displayed in the Chamber, three bullets from a .22 caliber derringer hit the target. That act was confirmed by Cy Meacham, whose picture in shown on page 13 of the handout. A retired state buildings and grounds employee, he heard the shots and chased several youths around. They fled unmolested, and no one has yet been charged with the assassination of the Lincoln portrait even today.
The state does owe a great deal to the memory of Abraham Lincoln. Not only was he the Great Emancipator who led the effort to free the slaves, but also to save the Union. Without his intervention, at a time when this part of the Utah Territory was not legally qualified to meet the requirements for statehood, because of the need for the bullion from this state, the State of Nevada became the 36th state in the Union.
Senator Raggio moved that the Senate adjourn until Monday, February 15, 1999 at 11 a.m. and that it do so in memory of our sixteenth President, Abraham Lincoln.
Motion carried.
Senate adjourned at 12:14 p.m.
Approved: Lawrence E. Jacobsen
President pro Tempore of the Senate
Attest: Janice L. Thomas