THE TWENTY-THIRD DAY
Carson City (Tuesday), February 27, 2001
Assembly called to order at 11:12 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Carpenter, Goldwater, Ohrenschall and Parks, who were excused.
Prayer by the Chaplain, Pastor Patrick Hardy.
O God, Your justice is like a rock and Your mercy is like pure flowing water. In this people's Assembly we ask that You deliver us from public deceptions that weaken trust; from self-seeking in high political places. Deliver us from divisions among us of class or race or wealth. Deliver us from neglecting rights, from overlooking the hurt, the imprisoned and the needy among us. And deliver us, O God, from accepting the easy answers when the problems that confront us seem so overwhelming and the resources so scarce. We ask for Your wisdom on this assemblage so that all Your children will be remembered in their decisions. In the Name of Your Awesome Love we pray.
Amen.
Pledge of allegiance to the Flag.
Assemblywoman Buckley moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 150, 151, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Joseph E. Dini, Jr., Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 99, 100, 101, 138, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Health and Human Services:
Assembly Concurrent Resolution No. 7—Directing the Legislative Committee on Health Care to conduct an interim study concerning the development of a system for reporting medical errors.
Assemblywoman Koivisto moved that the resolution be referred to the Committee on Health and Human Services.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen McClain, Koivisto, Manendo, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Lee, Leslie, Marvel, Mortenson, Neighbors, Nolan, Oceguera, Parks, Parnell, Perkins, Price, Smith, Tiffany and Williams; Senators Carlton, Amodei, Care, O'Donnell, Schneider, Shaffer, Titus and Wiener:
Assembly Bill No. 246—AN ACT relating to motor vehicles; making various changes to the provisions governing the registration of motor vehicles by new residents of this state and the issuance of drivers’ licenses to such persons; and providing other matters properly relating thereto.
Assemblywoman McClain moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblyman Hettrick:
Assembly Bill No. 247—AN ACT relating to industrial insurance; repealing the provisions that limit the liability of an insurer or third-party administrator for certain violations relating to industrial insurance; and providing other matters properly relating thereto.
Assemblyman Hettrick moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Health and Human Services:
Assembly Bill No. 248—AN ACT relating to children; requiring the adoption of regulations governing the provision of certain information to foster or adoptive parents; revising certain provisions governing procedures for the protection of children from abuse and neglect; clarifying and limiting certain provisions regarding the imposition of civil sanctions for the disclosure of confidential information; and providing other matters properly relating thereto.
Assemblywoman Koivisto moved that the bill be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 38.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amend section 1, page 1, by deleting line 17 and inserting:
“owner [.] or, if the association offers to send notice by electronic mail, sent by electronic mail at the request of the unit’s owner to”.
Amend sec. 2, page 3, by deleting line 9 and inserting:
“(b) If the association offers to send notice by electronic mail, sent by electronic mail at the request of the unit’s owner to an”.
Assemblyman Manendo moved the adoption of the amendment.
Remarks by Assemblyman Manendo.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 41.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amend section 1, page 1, line 16, by deleting “for” and inserting:
“with or without”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 82.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 13.
Amend section 1, page 2, by deleting lines 1 through 8.
Amend the title of the bill by deleting the third and fourth lines and inserting:
“harassment against the adverse party; and”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 108.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 17.
Amend the bill as a whole by deleting sec. 5 and renumbering sections 6 through 8 as sections 5 through 7.
Amend the title of the bill, third and fourth lines, by deleting:
“revising the amount of certain fees that are paid and collected by county clerks;”.
Assemblyman Manendo moved the adoption of the amendment.
Remarks by Assemblyman Manendo.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 126.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 25.
Amend section 1, page 1, by deleting line 10 and inserting “document; and”.
Amend section 1, page 1, by deleting lines 15 through 17.
Amend section 1, page 2, by deleting line 1, and inserting “2. The”.
Amend section 1, page 2, by deleting lines 4 through 8 and inserting:
“3. Except as otherwise provided in subsection 4, if a document that is being recorded includes a legal description of real property that is provided in metes and bounds, the document must include the name and mailing address of the person who prepared the legal description. The county recorder is not required to verify the accuracy of the name and mailing address of such a person.
4. If a document described in subsection 3 previously has been recorded, the document must include all information necessary to identify and locate the previous recording, but the name and mailing address of the person who prepared the legal description is not required for the document to be recorded. The county recorder is not required to verify the accuracy of the information concerning the previous recording.”.
Amend the title of the bill to read as follows:
“AN ACT relating to county recorders; making various changes concerning the information needed to record a document that includes a legal description of real property that is provided in metes and bounds; and providing other matters properly relating thereto.”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Assembly Bills Nos. 56, 102, 117 and 153 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, February 27, 2001
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. 13.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 13.
Assemblyman Hettrick moved the adoption of the resolution.
Remarks by Assemblymen Hettrick, Anderson, Dini, Parnell, Marvel and Neighbors.
Assemblywoman Buckley requested that the following remarks be entered in the Journal.
Assemblyman Hettrick:
Thank you, Mr. Speaker. I was honored when I was asked to speak to this resolution. I really didn’t know Archie Pozzi very well, but what I did know of him is depicted very well in this resolution. The first thing I remember about Archie was his sense of humor and a quick smile. Every time I saw him he was always quick to engage you in conversation. It was a pleasure to be around him and talk to him. I was impressed. I had no idea, frankly, of his diverse interests and the many things he did for the State of Nevada, particularly this area. It is with great honor I rise in support of this resolution.
Assemblyman Anderson:
Thank you, Mr. Speaker. I rise in support of the resolution. As a young man in high school I had the opportunity to be the manager on a basketball team, which played extensively in the state and frequently ran across the refereeing techniques of Mr. Pozzi, particularly at the state basketball tournaments. I oftentimes wished him ill, but then took great pride and joy in those magnificent calls he made for my teams. When I came here to the Legislature, I again had the opportunity to meet Mr. Pozzi and reminded him of the great anxiety I had whenever I would see him with that black and white shirt on, not knowing which way he was going to rule. I recognized the great warmth, the great idealism, and the great belief in children that he always possessed and his great vision for our great strong state—which all of his actions reflected. I had the opportunity to serve with him on the Cemetery Board of Northern Nevada, where he again espoused the views of the veterans and stood there to make sure that the veterans’ cemetery rights were looked after and that that program went forward. He was a true man of vision, a man that cared for the people of our state, young and old, to make the game happen. I support the resolution.
Assemblyman Dini:
I rise in support of the resolution. Archie and I go back a long way. I was, like my colleague from Sparks, in the basketball arena. Archie and Cardinale were two referees that refereed when I was in high school. They were the most hated referees in Yerington, because it was almost a cinch to lose the game if you were from Yerington and they were refereeing. At least that is the reputation they had—I hate to say that to his family.
In 1967, after reapportionment, I came into the Assembly and he went down to the Senate. I belonged to a group of gentlemen from the Assembly, who were all Republicans except me. Archie would come in every night when we were shooting pool in a local establishment. He gave us lessons on what we should do as legislators, especially if it was for Carson. He was always very devout to Carson, but was very strong with the rural counties, also. We had a lot of great times together: Bode Howard, Virgil Getto, and Roy Young from Elko. There were a whole group of old legislators here; I was just a freshman, along with Getto. We received a lot of instruction from Archie on how to handle bills that involved Carson City.
You could always bet he would be here real early to make a date for the National Commander of the American Legion to show up. He would hound me until he got a date confirmed. I would say, “Go down and see Raggio, the Senate is holding it up.” I would harass him a little bit, but we always had that date set early because Archie was here beating us up to be sure we got that date. He became a great friend of mine and I enjoyed his knowledge and his care for the State of Nevada and the veterans of this state. We were working on the veterans’ cemetery, the two cemeteries we have in the state; he was really interested in both. He came to me more than once because there was a battle going on about having one cemetery or two, and his support probably had more to do with us getting that bill out of the Senate. A congressman from southern Nevada opened his mouth and said we could only have one cemetery in the state. I think I was Speaker that year. We went down to the Senate with Archie, with a gun loaded with about 100 veterans from the State. We got two cemeteries. He was mostly responsible for getting both. He was a great friend and the State of Nevada is going miss to Archie Pozzi because of what he contributed to this state.
Assemblywoman Parnell:
I rise to support SCR 13. I am saddened because I really see that Carson City has lost a piece of history with the passing of Archie. I moved here in 1976 and there weren’t many places you didn’t see the name Pozzi. Driving down South 395 was Pozzi Motors. I used to drive up by the Governor’s Mansion and one of my favorite houses still, particularly because of the wonderful job they used to do on the trees, was the Pozzi Mansion on Robinson Street. I was really very fortunate to meet Archie in about 1980. I stand today, as a Democrat with the reference in SCR 13 that Archie was a staunch Republican. I take great pride in calling Archi Pozzi a friend and hope that in return he would have called me one as well. A couple of things I would like to highlight. As a legislator, I think one of his greatest pieces of legislation was the one that gave the land that is now Western Nevada Community College. That certainly has been a great addition to this community. When I was at Archie’s service I was just amazed when I heard that for 56 years Archie served in a leadership position for the American Legion. As a schoolteacher at the middle school, I was there when Archie came every June—until just this past one. He was always so proud to hand a deserving eighth grader that American Legion Award. I was able to share that with him for a number of years at the middle school. I see Archie Pozzi as someone who served his community, his state, and our great nation with a great sense of style. He will certainly be missed.
Assemblyman Marvel:
Thank you, Mr. Speaker. I also rise in support of SCR 13. I go back a long way knowing Archie. My original knowledge of him was from refereeing games. If you had children playing basketball you didn’t swear at a referee. You used to say, “The referee has no father.” Over the years, serving in the Legislature, I used to see Archie every session. I have a picture of Archie sitting with me. As a veteran, I really appreciate what Archie did for the veterans of not only the State of Nevada, but for the United States. Certainly we wish our condolences to all the members of the family and I want you to know I am certainly going to miss Archie.
Assemblyman Neighbors:
Thank you, Mr. Speaker. I certainly rise in support of SCR 13. I first had the opportunity of meeting Archie in the early ‘60s. He had observed at the Nevada Test Site, in regard to vehicles, that every time they had a bomb go off or a major operation, hundreds of privately owned cars would be on the site. In an effort to get some taxes for the state and the area, he introduced AB 361, AB 157, and AB 159. These had to do with exempt property when it was used by a business conducted for profit. I was working for Nye County at the time and we looked at the bills and said “Wow, there is all kinds of property at the test site that is being used.” Talking to Archie years later, it actually meant about $26 million to Nye County, the school districts, and everyone else when he went after the vehicles at the test site. I also had the privilege of working with Archie as I represented the Assembly on the Veterans’ Service Commission where he was one of the members. He worked real hard. Very shortly we will be opening the new nursing home in Boulder City. He was instrumental in working with us to put that together.
Resolution adopted unanimously.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Valerie Wyman, Darren Robinson, Danni Warburton, Darryl Parsons, Julie Parsons, Shannon Ignotich, Dick Cervi, Debbi Cervi, Cherrish Guillermo, Daniel Warburton, Cody Downs, Garrett Swaim, Scott Klingman, Mandy Warneke, Joshua Warburton, Chantelle Swaim, Josie Mobry, Chad Parsons, Timothy Klingman, Dalton Swaim, Curtis Parsons, Colin Parsons, Andrew Geist, Joel Geist, Katherine Arnold, Scott Marshall, Hannah Ignotich, Mike Leach, Melanie Leach, Missy Cervi, Rosemary Cervi, Shawn Smee, Joshua Atchison, Daisy Clinger, Christopher Clinger, Cheyenne Simon, Mylissa Snyder, Shelby Guillermo, Kalie Guillermo and Tyler Silva.
On request of Assemblyman Oceguera, the privilege of the floor of the Assembly Chamber for this day was extended to Travis Hansen and Mike Johnstone.
On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Steve Pozzi, Bob Pozzi, Carey Pozzi and Shelly Pozzi.
Assemblywoman Buckley moved that the Assembly adjourn until Wednesday, February 28, 2001 at 11:00 a.m.
Motion carried.
Assembly adjourned at 11:54 a.m.
Approved:Richard D. Perkins
Attest: Jacqueline Sneddon