THE THIRTY-SECOND DAY
Carson City (Thursday), March 8, 2001
Assembly called to order at 11:16 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Stanley Friend.
Father, grant to this Assembly wisdom and strength to know and to do Your will. Fill them with the love of truth and righteousness, and make them ever mindful of their calling to serve You and the people of Nevada. Bless the leaders of our State, that we may be a people at peace among ourselves and a blessing to the other States in our Union, in Your Name 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 Government Affairs, to which was referred Assembly Joint Resolution No. 5, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Government Affairs, to which was referred Assembly Bill No. 266, 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 Ways and Means.
Also, your Committee on Government Affairs, to which was referred Assembly Bill No. 180, 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
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Joint Resolution No. 2, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Bernie Anderson, Chairman
Mr. Speaker:
Your Concurrent Committee on Judiciary, to which was referred Assembly Bill No. 146, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bernie Anderson, Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which were referred Assembly Bills Nos. 9, 183, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Morse Arberry Jr, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Bache moved that Assembly Bill No. 266 be re-referred to the Committee on Ways and Means.
Motion carried.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 7, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bill No. 78; Senate Joint Resolution No. 11 of the 70th Session.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 9.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 49.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Lee, Perkins, Collins, Gustavson, Gibbons, Anderson, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, de Braga, Dini, Freeman, Giunchigliani, Goldwater, Hettrick, Humke, Koivisto, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Ohrenschall, Parks, Price, Tiffany and Von Tobel; Senators Rawson, Titus and Schneider:
Assembly Joint Resolution No. 6—Urging the Nevada Congressional Delegation to support the release of property in Clark County controlled by the Bureau of Land Management for the development of a regional shooting sports park.
Assemblyman Lee moved that the resolution be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
Senate Joint Resolution No. 11 of the 70th Session.
Assemblywoman Buckley moved that the resolution be referred to the Concurrent Committees on Constitutional Amendments and Taxation.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblyman Lee:
Assembly Bill No. 301—AN ACT relating to woolen products; repealing provisions that require a manufacturer or seller of products containing or purporting to contain wool to label those products; and providing other matters properly relating thereto.
Assemblyman Lee moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.
By Assemblywoman Giunchigliani:
Assembly Bill No. 302—AN ACT relating to Oriental medicine; revising the requirements for licensure as a doctor of acupuncture or a doctor of Oriental medicine; revising the requirements for licensure as an assistant in acupuncture or an assistant in Oriental medicine; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Chowning, Parks, de Braga, Ohrenschall, Manendo, Anderson, Arberry, Bache, Beers, Berman, Brown, Buckley, Cegavske, Claborn, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Hettrick, Humke, Koivisto, Lee, Leslie, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Parnell, Price, Smith, Tiffany, Von Tobel and Williams:
Assembly Bill No. 303—AN ACT making appropriations for support of the Southern and Northern Nevada Writing Projects and for support of nonprofit service agencies in Clark County that offer homeless prevention assistance; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblyman Brower:
Assembly Bill No. 304—AN ACT relating to insurance; limiting the amount of money that certain resident agents may receive as a commission for countersigning a policy of insurance; providing that certain policies, endorsements or bonds may be countersigned by the use of a digital signature; and providing other matters properly relating thereto.
Assemblyman Brower moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Cegavske, Gustavson, Angle, Berman, Brown, Carpenter, Chowning, Claborn, Collins, Hettrick, Lee, Leslie, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Price, Smith, Tiffany and Von Tobel; Senators Amodei and O'Donnell:
Assembly Bill No. 305—AN ACT relating to crimes; prohibiting video voyeurism and distribution of a product of video voyeurism; providing penalties; and providing other matters properly relating thereto.
Assemblywoman Cegavske moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 306—AN ACT relating to crimes; revising the provisions concerning the interception and disclosure of wire, radio or oral communications; providing penalties; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblywoman Von Tobel:
Assembly Bill No. 307—AN ACT making an appropriation to the Keystone Academy for costs relating to its programs; and providing other matters properly relating thereto.
Assemblywoman Von Tobel moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Tiffany, Cegavske, Arberry, Beers, Berman, Brower, Brown, Buckley, Carpenter, Chowning, Claborn, Collins, Freeman, Gibbons, Hettrick, Koivisto, Lee, Leslie, Manendo, Marvel, Mortenson, Neighbors, Parks, Parnell, Smith and Von Tobel; Senator Wiener:
Assembly Bill No. 308—AN ACT relating to juveniles; revising the provisions concerning the waiver by juveniles of their right to counsel; and providing other matters properly relating thereto.
Assemblywoman Tiffany moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 49.
Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 202.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amend sec. 2, page 1, line 8, by deleting “election.” and inserting:
“election held pursuant to NRS 293.12755.”.
Amend sec. 2, page 1, by deleting lines 11 through 14 and inserting:
“majority of the voters approve the question, the effective date of the withdrawal is the commencement of the fiscal year immediately following the general election at which the question of withdrawal is approved. The ordinance that had been adopted by the withdrawing political subdivision providing for the merger is void on the effective date of the withdrawal.”.
Amend sec. 2, page 2, line 9, by deleting “election.” and inserting:
“election held pursuant to NRS 293.12755.”.
Amend sec. 2, page 2, by deleting lines 11 through 14 and inserting:
“department, the effective date of the dissolution is the commencement of the fiscal year immediately following the general election at which the question of dissolution is approved. The ordinances that had been adopted by the participating political subdivisions providing for the merger are void on the effective date of the dissolution.”.
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
general file and third reading
Assembly Bill No. 14.
Bill read third time.
Remarks by Assemblyman Hettrick.
Roll call on Assembly Bill No. 14:
Yeas—42.
Nays—None.
Assembly Bill No. 14 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 99.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 99:
Yeas—42.
Nays—None.
Assembly Bill No. 99 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 165.
Bill read third time.
Remarks by Assemblymen Brower, Goldwater, Humke, Tiffany, Hettrick, Beers and Buckley.
Assemblymen Freeman, Von Tobel and Bache moved the previous question.
Motion carried.
The question being on the passage of Assembly Bill No. 165.
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.
Bill ordered transmitted to the Senate.
Assembly Bill No. 181.
Bill read third time.
Remarks by Assemblymen Parnell and Dini.
Roll call on Assembly Bill No. 181:
Yeas—42.
Nays—None.
Assembly Bill No. 181 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 252.
Bill read third time.
Remarks by Assemblyman Lee.
Roll call on Assembly Bill No. 252:
Yeas—42.
Nays—None.
Assembly Bill No. 252 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 257.
Bill read third time.
Remarks by Assemblywoman Von Tobel.
Roll call on Assembly Bill No. 257:
Yeas—42.
Nays—None.
Assembly Bill No. 257 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Commerce and Labor:
Assembly Bill No. 309—AN ACT relating to industrial insurance; repealing the provisions that require the commissioner of insurance to assign an actuary to review the establishment of certain rates of assessment; and providing other matters properly relating thereto.
Assemblyman Dini moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 310—AN ACT relating to landscape architecture; designating the board of landscape architecture as the state board of landscape architecture; requiring the board to maintain a record of each certificate of registration issued or renewed by the board; revising the requirements for the issuance or renewal of a certificate of registration; providing for the issuance of a certificate to practice as a landscape architect intern; providing immunity from a civil action for a person who furnishes information to the board under certain circumstances; authorizing the board to adopt regulations requiring each holder of a certificate of registration to complete a course of continuing education as a condition for the renewal of his certificate of registration; revising the qualifications of the members of the board; revising the fees collected by the board; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Dini moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 8, 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. 19.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 19.
Assemblyman Dini moved the adoption of the resolution.
Remarks by Assemblymen Dini, Gibbons and Neighbors.
Assemblyman Collins requested that the following remarks be entered in the Journal.
Assemblyman Dini:
Mr. Speaker, it certainly is an honor to be able to speak on this resolution. Jack McCloskey was a friend of mine for many, many years. I first met Jack about 1945, when I was an altar boy in Yerington. Now, how did we end up in Hawthorne? Well, Hawthorne didn’t have a priest during the war, it only had a mission from the Yerington church. On Saturday nights, the priest from Yerington and two altar boys would go to Hawthorne and spend the night at Jack McCloskey’s. Pauline would cook us a nice dinner and we would hear Jack pontificate a little bit about world politics with the priest. That was my first encounter with him. We did that for a couple of years—going over there and putting on the 6:00 mass in Hawthorne. That was pretty tough on a 13-year old high school kid. Those visits began a long friendship that lasted until now.
If you look through the statutes, look up the statutes having anything to do with printing and the protection of the printing industry and small printers. Chances are Jack had a hand in them. The small newspapers were for many years the lifeblood of rural Nevada. They were in a place where the politicians wanted to go to, all in order to discuss the political world with the editors of these small newspapers.
If anyone introduced a bill to repeal one of those protective laws—like public printing—soon Jack McCloskey and Walter Cox would be on their way. They were two old timers, Walter being from the Mason Valley News in Yerington. They would show up on the scene immediately. Sometimes I think people introduced bills on purpose to bring Jack and Walter here. When I first served—I was the chair of Government Affairs for about 10 years—I think we introduced a lot of those bills on purpose. They would come, “Well, Joe, what is going on with this bill? You know, we’ve got to kill it.” There was no saving the bill or working on it, the main idea was to just kill it. Those were the orders from those two old timers. They were a pair of characters.
There are a thousand stories that you could tell about Jack. He had that column called “Jasper” in the “Mineral County Independent.” Of course, that forced me to purchase that newspaper about 20 years ago. I needed one more newspaper like I needed a hole in the head, but I had to buy “Jasper” because I had to see what he was saying about me, especially on the war over water for Walker Lake.
We always had a nice, friendly relationship. We would visit him. My close friend Marty Bibb, who used to do campaigns for me, would go with me to see Jack. We had a ritual: we’d talk to Jack and then we would go over to the El Cap' for lunch, and then to Joe’s Tavern for a glass of wine. That was the usual ritual and sometimes the glass of wine at Joe’s ended up to be a little later than two or three in the afternoon if we stayed for dinner there.
Jack’s family is wonderful. His wife, Pauline, is a wonderful lady. Unfortunately, she can’t be here today. There are so many fond memories of Jack, a man who was a real honest person, who did a lot of things for the State of Nevada and whose counsel was sought by every politician that ever ran statewide. I think we’ve lost a real true Nevadan with a lot of history. I would love to have his memory on a tape and the stories that he could tell. You could talk to him and he would say, “Well in 1933, this person was the governor.” You know, I couldn’t even remember who the governor was in 1933, but he would know. He’d be able to recollect that “this incident happened and that incident happened.” It was a world of knowledge that we’ve lost with his demise. Our state is a lot better off because of this fine gentleman and what he did to keep the politics straight in this state and what he did to help all the residents of our state.
Assemblywoman Gibbons:
Thank you, Mr. Speaker. I rise in support in honoring Jack McCloskey’s life. He was a wonderful guy, a wonderful friend, someone I talked to quite often. I remember the first time I met him. I had heard about this big, powerful newspaper guy and all of a sudden he comes out and he is in these overalls and blue jeans. He was a very simple man, but I’ll tell you what, he had a very caring and compassionate heart for Nevada and Nevadans and for making sure that those in political office did the right thing. He would expose people if they didn’t. I know his partner was named Scoop and I think in the old days he was probably named Snoop. Every time he would write an article and it didn’t make sense to me, I would call him up and tell him what I thought. He would go, “I’m a boy from Tonopah, there I lived with Ma and Pa, high up on a hill somewhere, but their making moonshine still, and I’m just Jack McCloskey.”
Assemblyman Neighbors:
Thank you, Mr. Speaker. I also rise in support of SCR 19 and echo the comments that have been made on the floor. I had the long time pleasure of knowing Jack for many, many years. Usually, when he came through Hawthorne, we would always sit down and have coffee and kind of go through the same ritual that my colleague from District 38 described. What I remember the most about Jack was his fantastic memory. You would mention something and he would say, “Let’s see, that happened in the summer of 1938 . . .,” and he would name who it was. It was just absolutely something.
He was never bashful about calling if he had a bill that he either supported or didn’t support. You had to be careful, too, because anything you said was liable to end up in the paper. He was really great that way.
Before we went to the 120-day session, one of the things he would say was, “If you would knock off all those resolutions you are passing up here all the time, you would get out of there before all those days.” Well, two years ago my colleague from District 38 and I were able to get a resolution through the Assembly. I think it was on his birthday at the time. We went down to Hawthorne with Marty Bibb and we all ended up with our pictures in the paper. All that stuff about “boy you are wasting all your time with those resolutions” was forgotten. He was very proud to get that resolution. In closing I will say I have lost a great friend and so has Nevada.
Resolution adopted unanimously.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Concurrent Resolution No. 8; Senate Concurrent Resolution No. 15.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Joye Robertson, Jacob Robertson and Tiana Robertson.
On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Logan Waite, Cory Waite and Shawn Waite.
On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Tim Coulter and Nicole Card.
On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Kathy Hunsaker and Michael Radde.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Ruth Sherman and Paul Sherman.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Joan Gazaway, George Gazaway, Patrick Gazaway, Jean Abel, Jennifer Cole, Jason Cole, Father John Bane, Betty Christenson, Merrill Christenson, Mike Mongelli, Leslie Ricks, Maria Glanzmann, Camille Glanzmann, Jennifer Buck and Peri Jo Buck.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Matt Whitaker and Brent Harmon.
On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Elaine Stevens, Joshua Stevens and Melissa Stevens.
On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Christy Brown and Andrea Styer.
On request of Assemblywoman Ohrenschall, the privilege of the floor of the Assembly Chamber for this day was extended to Carole Ann Hooks, Katherine Hooks, Tristan Hooks and Alexander Hooks.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Lisa Nesbit and Mason Nesbit.
Assemblywoman Buckley moved that the Assembly adjourn until Friday, March 9, 2001 at 10:30 a.m.
Motion carried.
Assembly adjourned at 12:16 p.m.
Approved:Richard D. Perkins
Attest: Jacqueline Sneddon