THE THIRTY-NINTH DAY
Carson City (Thursday), March 15, 2001
Assembly called to order at 11:15 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblymen Humke and Nolan, who were excused.
Prayer by the Chaplain, Pastor Louie Locke.
We give thanks to You, O God, we give thanks. For Your wondrous works declare that Your Name is near. Bless our legislators today, give them wise and understanding hearts that all of their council and discussion would be upright in Your sight. In the name of Jesus Christ, my Savior, I 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.
Mr. Speaker announced if there were no objections the Assembly would recess for the purpose of hearing a musical rendition by Rick James and Ron James.
Assembly in recess at 11:22 a.m.
ASSEMBLY IN SESSION
At 11:25 a.m.
Mr. Speaker presiding.
Quorum present.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 171, 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 Constitutional Amendments, to which was referred Assembly Joint Resolution No. 26 of the 70th Session, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bob Price, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 342, 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 Judiciary, to which was referred Assembly Concurrent Resolution No. 10, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Bernie Anderson, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Assembly Bill No. 342 be re-referred to the Committee on Ways and Means.
Motion carried.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 14, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 11.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams; Senators Raggio, Titus, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener:
Assembly Concurrent Resolution No. 12—Memorializing long-time educator and native Nevadan, Orsie S. Graves.
Whereas, The members of the Nevada Legislature were deeply saddened by the passing of Orsie S. Graves on May 10, 2000, one of Sparks High School’s most influential educators; and
Whereas, Orsie S. Graves, a native Nevadan, was born on March 15, 1922, in Sparks, to Orsie M. and Pearl (Casey) Graves; and
Whereas, Orsie Graves graduated from Sparks High School in 1940 and later joined the United States Army Air Corps where he served his country during World War II as a pilot; and
Whereas, In 1948, Orsie Graves earned his Bachelor’s Degree from the University of Nevada and continued his education by attending classes at San Jose State University and the University of Nevada where he received his Master’s Degree in 1965; and
Whereas, Following college and his service in the military, Orsie Graves taught in junior high schools in Fallon and Sparks before becoming a teacher and basketball coach at Sparks High School in 1956; and
Whereas, During his 12 years as basketball coach at Sparks High School, Orsie Graves earned a reputation as a tough and talented coach who encouraged his players to excel in the classroom, as well as on the court; and
Whereas, After leaving his coaching days behind, Orsie Graves continued his career in education for another 17 years as Acting Vice Principal, Dean of Students and Vice Principal at Sparks High School where he touched the lives of a generation of students and encouraged them to be the best that they could be; and
Whereas, Following his retirement from the Washoe County School District in 1985, Orsie Graves and his wife, Lois, devoted a considerable amount of time and energy toward the development of the Sparks Heritage Museum; and
Whereas, The love and respect that Orsie Graves received from his students was expressed simply by the Mayor of the City of Sparks, Tony Armstrong, a former student of Graves, who was quoted as saying, “I was one of those students who you had to take a 2-by-4 and hit me in the head to make me understand. Orsie was one of those who picked up that 2-by-4. He never gave up on me and spent a lot a time with me.”; and
Whereas, Orsie Graves is survived by his wife, Lois, son, Brad, daughters, Tricia Grinsell and Leslie Moya, and sister, Bonnie Pettengill, all of Reno, son, Ed Henrickson of Hawaii, and seven grandchildren; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 71st session of the Nevada Legislature do hereby extend their sincere condolences to the family and friends of Orsie S. Graves; and be it further
Resolved, That Orsie Graves will long be remembered for his contribution to education and athletics at Sparks High School and for the compassion and understanding that he generously gave to his students and friends throughout his life; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Orsie Graves’ loving wife, Lois.
Assemblyman Anderson moved the adoption of the resolution.
Remarks by Assemblymen Anderson and Dini.
Assemblywoman Buckley requested that the following remarks be entered in the Journal.
Assemblyman Anderson:
As the resolution clearly states, Orsie Graves’ life was full of promise and hope, hope and promise that fulfilled the society in which he lived. I first had the opportunity of meeting Mr. Graves when he was coaching Sparks High School teams and I was managing a basketball team that opposed him. Later, when I first bought a home in Sparks, he lived just around the corner from me. I remember when his wife had finished digging the garden and moving dirt, I had the golden opportunity of taking the dirt and moving it to my house, where it was needed.
Orsie Graves was one of those people that you couldn’t say no to. He would call me at school and mention there was a new project that the Heritage Foundation needed, he wanted to make sure there were yearbooks from every high school at the Sparks Heritage Foundation. He made sure that took place. We searched until every yearbook from Reed was there and we set up a project so they would continue to be there. The Heritage Foundation was falling into disrepair and it looked like we might lose the golden opportunity to pick up the old library in downtown Sparks that the county was about to abandon. It was Orsie, along with other members of the Sparks Heritage Foundation, that made sure that that transfer was made to the City of Sparks. All so that it ultimately could become the Heritage Foundation. It was Orsie and his wife, Lois, who made sure that the proper people were contacted to keep it going. It was Orsie who called me and said, “Bernie, you’ve got to find some money and fix this.”
Orsie never wanted to take the bow, he just wanted it done and done now. This resolution goes a long way to recognize the kind of person who doesn’t want to take the credit, just wants to get things done. That was what Orsie was all about.
He died while playing golf, his favorite pastime. At his memorial service, they told an old joke. I won’t repeat it again because some of you might be offended by it, but it was a great joke. If you stop me in the hallway, I will be happy to share it with you even if it is St. Patrick’s Day and Irishmen have a tendency to run. I don’t want to run too long on this, and I know there are others who may wish to speak.
Assemblyman Dini:
Thank you, Mr. Speaker. I had the privilege of meeting Orsie Graves in October of 1946, when Jake Lawlor selected me to be the basketball manager on the team for the ’46-’47 season. Orsie was an outstanding member of the team that year. He was quite a gentleman and quite a hustler. If you have ever seen a guy that goes into a game and just sparkplugs the team and makes it go, that was Orsie Graves. I could tell you a lot of stories about being on those trips with Jake Lawlor as a coach—and me having to stay with Jake, and having to cuss out the players. I was the first line of defense with the players, but I won’t go into that. We followed each other for a good number of years and we weren’t very close after we got out of school. Even so, he had a reputation for being a leader, for being a disciplinarian, for being a guy that really hustled. He hustled in life. He left a memory in Sparks that will never be equaled. He was a man that I’m very proud to have known.
Resolution adopted unanimously.
Assemblyman Anderson moved that all rules be suspended and that Assembly Concurrent Resolution No. 12 be immediately transmitted to the Senate.
Motion carried unanimously.
Assemblyman Dini moved that Assembly Bill No. 47 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Dini.
Motion carried.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:39 a.m.
ASSEMBLY IN SESSION
At 11:44 a.m.
Mr. Speaker presiding.
Quorum present.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 15, 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. 21.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Perkins, Gibbons, Parks, Brown, de Braga, Anderson, Arberry, Bache, Beers, Berman, Brower, Carpenter, Cegavske, Chowning, Claborn, Collins, Dini, Freeman, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Ohrenschall, Price, Smith, Tiffany, Von Tobel and Williams; Senators Neal, O'Connell, Rhoads, Amodei, Rawson, Care, Carlton, Coffin, James, Mathews, McGinness, O'Donnell, Porter, Raggio, Shaffer, Townsend, Washington and Wiener:
Assembly Joint Resolution No. 7—Expressing the support of the Nevada Legislature for the overturn of the new federal regulations on surface mining.
Assemblywoman Buckley moved that the resolution be referred to the Committee on Natural Resources, Agriculture and Mining.
Motion carried.
Senate Concurrent Resolution No. 21.
Assemblyman Dini moved the adoption of the resolution.
Remarks by Assemblymen Dini, Gibbons, Anderson, Brower, Carpenter and Cegavske.
Assemblywoman Buckley requested that the following remarks be entered in the Journal.
Assemblyman Dini:
Thank you, Mr. Speaker. I certainly had the pleasure of meeting one of the finest gentlemen that I have ever known in the state’s history—Pete Echeverria. He was of Basque descent, and it showed in his hard work and determination to help the State of Nevada. He was a great orator, as it says in this resolution. I tell you this, you’ve never heard anyone speak so well in a courtroom or in front of a legislative committee than when Pete Echeverria spoke on a bill.
I had the pleasure of meeting him personally when Governor Mike O’Callaghan introduced him to me, or vice versa, back in 1973. The Governor said, “I need the toughest guy I can get to head the Gaming Commission. I’m going to bring this Basque in here and straighten this thing out.” That he did. He wasn’t afraid to stand up to undesirable elements that crept into Nevada gaming. He was strong and determined that we would have a good, clean, gaming industry in the State of Nevada. I have to say that he probably had the most influence of anyone for getting us in the right direction, to be sure that Nevada stayed clean and didn’t allow corrupt forces to enter our state.
He was involved in all kinds of these things throughout his career. He left a great legacy in the Reno area and throughout the State of Nevada. We certainly lost a great man when we lost Pete Echeverria.
Assemblywoman Gibbons:
Thank you, Mr. Speaker. I, too, rise in support of SCR 21, memorializing the life of Peter Echeverria. I know his family, his children, his grandchildren and they are all great public servants in their way. They make a difference in the community by serving the public and their schools. I’m thankful for his life and his contributions that he made to our great state. I’m so very happy this body has chosen to honor him in this way.
Assemblyman Anderson:
Thank you, Mr. Speaker. I also want to rise in support of the resolution. In my wallet I carry a saying of Mr. Echeverria, which I think reflects not just on what he is, but indeed on his son John, with whom I had an opportunity to go to college. If I may, Mr. Speaker, I’d like to read the quote. Many of you are probably familiar with it. I think it does reflect what Mr. Echeverria was all about. I hesitate to quote from a Republican, in this case Theodore Roosevelt, but I feel it appropriate: “The credit belongs to the man who is actually in the arena, whose face is mired in the dust, sweat, and blood; who knows the great enthusiasm and devotion and spends himself in worthy cause; who at best, if he wins, knows the thrill of his high achievement and if he fails, at least fails with dignity while daring greatly so that his place should never be with those cold and timid souls who know neither victory nor defeat.” Mr. Echeverria was that kind of man. One who always pushed the envelope so that he need not fear and could take relish in victory and defeat. This resolution speaks to the power of a person who is willing to face the toughest of odds. Thank you, Mr. Speaker.
Assemblyman Brower:
Thank you, Mr. Speaker. I also rise in support of SCR 21. I do so for several reasons. I never had the pleasure of meeting Mr. Echeverria, but I rise in support of this resolution. First of all, to remind my colleagues, as I have on this floor in the past, that with the passing of Mr. Echeverria, we’ve lost yet another World War II hero. We lose thousands every month in this country. For that reason, alone, I think Mr. Echeverria is worthy of our honor today. I should also mention that I know Pete’s son, John, who is with us today. As you can tell from the resolution, Pete was a lawyer of legendary proportions in this state. John is also a lawyer. I can tell you from firsthand knowledge, John has more than filled the shoes of his father in that regard. It is a pleasure to have him here today. I’ve also met Pete’s daughter, Chris, who is a constituent. I met Chris as I was going door to door, during my first campaign; she didn’t know me from anyone. She was one of those people you rarely encounter when you knock on doors, who invites you in, offers you something to drink, is interested in hearing what you have to say and has questions for you. What I most remember about that visit with Chris is she told me how much her father enjoyed serving in the state legislature and how she had fond memories of his stories and his experiences in Carson City. As I said, Pete is truly a legend in legal circles in this state. I’m sure he always will be. Despite the fact that he is a graduate of that dreaded school somewhere to the south of Berkeley, I urge your support of this resolution.
Assemblyman Carpenter:
Thank you, Mr. Speaker. I also rise in support of SCR 21. I knew Pete Echeverria for many years, from Ely, when our families were friends. Pete was so proud of his Basque heritage that he came to Elko and was the master of ceremonies at our Basque Festival, for many years. I think he was the driving force that helped Elko become home of the National Basque Festival. I just want to offer my support for the resolution. His son John is here and I think he’s carrying on in his father’s footsteps. I just want to say, from one sheepherder to another, I really enjoyed Pete Echeverria.
Assemblywoman Cegavske:
Thank you, Mr. Speaker. I also stand in support of SCR 21. I, along with my colleague from the north, did not have the pleasure of knowing Mr. Echeverria, but I did know his daughter very well, Teresa Maloney. She was a fellow 7-11 franchisee, and we went through many battles together. Listening to all the things I had heard from her, over the years, about her father I was thinking how much of him was passed on to his daughter, and, in listening to my colleague, also his other children. I just wanted to make sure that she knew how much we do think of her and what her father has done for the State of Nevada. Thank you, Mr. Speaker.
Resolution adopted unanimously.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Leslie, Bache, Parks, Price, McClain, Anderson, Arberry, Chowning, Claborn, de Braga, Dini, Freeman, Giunchigliani, Humke, Koivisto, Manendo, Mortenson, Neighbors, Parnell, Smith and Tiffany:
Assembly Bill No. 370—AN ACT relating to injunctions; authorizing employers to obtain orders for protection against harassment in the workplace to protect employers, employees and persons at the workplace from harassment by other persons; establishing the procedure for obtaining such an order; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Leslie moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Health and Human Services:
Assembly Bill No. 371—AN ACT making an appropriation to the Department of Human Resources for an increase in the allowance for personal needs for residents of long-term care facilities who are eligible for Medicaid; and providing other matters properly relating thereto.
Assemblywoman Koivisto moved that the bill be referred to the Concurrent Committees on Health and Human Services and Ways and Means.
Motion carried.
By Assemblymen Cegavske, Arberry, Parks, Gibbons, Anderson, Angle, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Chowning, Claborn, Collins, de Braga, Dini, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Ohrenschall, Perkins, Price, Smith, Tiffany, Von Tobel and Williams; Senators Carlton, Coffin, Porter, Care, Titus, Amodei, Jacobsen, McGinness, O'Donnell, Rawson, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener:
Assembly Bill No. 372—AN ACT making an appropriation to the Department of Museums, Library and Arts for expenses relating to the development and production of the Nevada History CD-ROM; and providing other matters properly relating thereto.
Assemblywoman Cegavske moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblyman Neighbors:
Assembly Bill No. 373—AN ACT relating to utilities; providing in skeleton form for cities, counties and groups thereof to aggregate the electrical load of interested residents; and providing other matters properly relating thereto.
Assemblyman Neighbors moved that the bill be referred to the Select Committee on Energy.
Motion carried.
By Assemblymen McClain, Koivisto, Ohrenschall, Manendo, Parks, Angle, Arberry, Bache, Berman, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Lee, Leslie, Mortenson, Neighbors, Oceguera, Perkins, Price, Smith, Tiffany and Williams:
Assembly Bill No. 374—AN ACT relating to education; requiring each school district to spend a minimum amount of money for school textbooks; revising provisions relating to the annual budgets prepared by school districts; requiring the use of the same textbooks for core subjects in all high schools of a school district; and providing other matters properly relating thereto.
Assemblywoman McClain moved that the bill be referred to the Concurrent Committees on Education and Ways and Means.
Motion carried.
By the Committee on Commerce and Labor:
Assembly Bill No. 375—AN ACT relating to crimes; enacting provisions governing the possession, use, manufacture or distribution of certain items employed to commit theft; providing penalties; 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 Assemblymen Anderson, Bache, Arberry, Brown, Buckley, Carpenter, Claborn, Collins, de Braga, Giunchigliani, Koivisto, Leslie, Oceguera, Parnell and Smith; Senators Care and Wiener:
Assembly Bill No. 376—AN ACT relating to railroad safety; transferring certain responsibilities for railroad safety from the public utilities commission of Nevada to the Nevada highway patrol division of the department of motor vehicles and public safety; requiring the Nevada highway patrol to adopt certain regulations concerning railroad safety; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblymen Parnell, Gibbons, McClain, Bache, Brower, Carpenter, de Braga, Freeman, Goldwater, Koivisto, Lee, Leslie, Smith and Von Tobel; Senator Amodei:
Assembly Bill No. 377—AN ACT relating to domestic violence; requiring courts in certain smaller counties to be available at all times to issue temporary and extended orders for protection against domestic violence; providing that a person who violates a temporary or extended order must not be released from custody sooner than 12 hours after being taken into custody if the violation is accompanied by a direct or indirect threat of harm; and providing other matters properly relating thereto.
Assemblywoman Parnell moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Assemblymen Freeman, Leslie, de Braga, Cegavske, Anderson, Arberry, Bache, Beers, Berman, Buckley, Chowning, Dini, Giunchigliani, Goldwater, Hettrick, Humke, Manendo, Marvel, Mortenson, Parks, Perkins, Smith and Tiffany; Senators Rawson, Coffin and Mathews:
Assembly Bill No. 378—AN ACT relating to education; requiring the department of education to establish a program to promote the profession of nursing in this state; creating an advisory committee to promote the profession of nursing; revising provisions governing the eligibility of certain students for millennium scholarships; making an appropriation; and providing other matters properly relating thereto.
Assemblywoman Freeman moved that the bill be referred to the Concurrent Committees on Education and Ways and Means.
Motion carried.
By Assemblymen Claborn, Koivisto, Anderson, Bache, Buckley, Chowning, Collins, Humke, Leslie, Manendo, McClain, Mortenson, Oceguera and Smith:
Assembly Bill No. 379—AN ACT relating to plumbers; requiring the division of industrial relations of the department of business and industry to establish minimum standards for the education, training and certification of plumbers; authorizing the division to establish a schedule of fees for the certification of plumbers; prohibiting a person from working as a plumber unless he holds a certificate as a plumber issued by the division; prohibiting the state contractors’ board from issuing a license to, or renewing the license of, a plumber who does not hold a certificate as a plumber issued by the division; and providing other matters properly relating thereto.
Assemblywoman Claborn moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Bache, Giunchigliani, Williams, Anderson, Parnell, Berman, Brown, Buckley, Carpenter, Chowning, de Braga, Freeman, Gibbons, Lee, Leslie, Manendo, Mortenson, Oceguera, Parks, Smith, Tiffany and Von Tobel; Senators Carlton and Amodei:
Assembly Bill No. 380—AN ACT relating to educational personnel; requiring boards of trustees of school districts to place a teacher who has been employed by another school district in this state on the salary schedule in a classification that is comparable to his former classification; revising provisions governing the employment status of certain postprobationary employees who voluntarily leave their employment; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblymen Bache, Neighbors, Giunchigliani, de Braga, Gibbons, Anderson, Berman, Brown, Buckley, Carpenter, Chowning, Freeman, Hettrick, Lee, Leslie, Manendo, Mortenson, Oceguera, Parks, Parnell, Smith, Tiffany and Von Tobel; Senators Amodei and Carlton:
Assembly Bill No. 381—AN ACT relating to local governments; revising the provisions relating to the incorporation and organization of cities; directing the Legislative Commission to conduct an interim study to develop and recommend proposed enabling legislation for the creation of an incorporated town; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Concurrent Committees on Government Affairs and Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Koivisto, Anderson, Arberry, Bache, Buckley, Carpenter, Claborn, Giunchigliani, Manendo, McClain, Mortenson, Ohrenschall, Price and Tiffany (by request):
Assembly Bill No. 382—AN ACT relating to traffic laws; requiring certain motor vehicles to drive in the extreme right-hand lane; and providing other matters properly relating thereto.
Assemblywoman Koivisto moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblymen Koivisto, Bache, McClain, Parks, Anderson, Arberry, Brown, Chowning, Claborn, Freeman, Giunchigliani, Manendo, Mortenson, Nolan, Oceguera, Ohrenschall, Price, Smith and Tiffany:
Assembly Bill No. 383—AN ACT relating to traffic laws; prohibiting the driver of a motor vehicle from permitting a person to ride upon the bed of a flatbed truck, within the bed of a pickup truck or within a camper shell or slide-in camper under certain circumstances; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Koivisto moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblymen Manendo, Buckley, Bache, Claborn, McClain, Anderson, Arberry, Chowning, de Braga, Dini, Freeman, Gibbons, Giunchigliani, Gustavson, Koivisto, Leslie, Mortenson, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams:
Assembly Bill No. 384—AN ACT relating to homes; changing the terms used in provisions relating to mobile home parks to refer to manufactured home parks; and providing other matters properly relating thereto.
Assemblyman Manendo moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 385—AN ACT relating to local government; revising provisions governing the sale, exchange or reconveyance of certain property and land by counties; authorizing a governing body to levy an assessment for the maintenance of overpass projects and underpass projects; revising provisions governing the levy of an assessment for transportation projects; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 386—AN ACT relating to the state personnel system; revising certain provisions relating to the classified and unclassified services of the state; repealing certain provisions relating to discrimination in employment, cooperation with the public employees’ retirement board and the requirement of a bond for appointment to certain positions; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Cegavske, Freeman, Gibbons, Angle, Berman, Brower, Brown, Chowning, Claborn, Collins, Goldwater, Gustavson, Hettrick, Koivisto, Leslie, McClain, Tiffany and Williams; Senators Neal, Amodei, Jacobsen, Mathews and Shaffer:
Assembly Bill No. 387—AN ACT relating to controlled substances; prohibiting a person, other than a registered pharmacist or a person working in a pharmacy and acting under the direct and immediate supervision of a registered pharmacist, from selling certain immediate precursors to controlled substances at retail; prohibiting the possession of certain amounts of certain immediate precursors to controlled substances; providing penalties; and providing other matters properly relating thereto.
Assemblywoman Cegavske moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 59.
Bill read second time and ordered to third reading.
Senate Bill No. 64.
Bill read second time and ordered to third reading.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 12:21 p.m.
ASSEMBLY IN SESSION
At 12:23 p.m.
Mr. Speaker presiding.
Quorum present.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, March 15, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Senate Joint Resolution No. 9.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Senate Joint Resolution No. 9.
Assemblywoman Buckley moved that all rules be suspended, reading so far had considered first reading, rules further suspended, resolution declared an emergency measure under the Constitution and placed on third reading and final passage.
Remarks by Assemblywoman Buckley.
Motion carried unanimously.
general file and third reading
Senate Joint Resolution No. 9.
Resolution read third time.
Remarks by Assemblyman Brown.
Assemblywoman Buckley requested that the following remarks be entered in the Journal.
Assemblyman Brown:
Thank you, Mr. Speaker. SJR 9 urges Congress to declare the Mt. Charleston crash site as a National Monument to the “Silent Heroes of the Cold War.” It’s an emergency measure because we’re attempting to transmit it to the Nevada Congressional delegation in a timely fashion. There’s hope to secure some federal funding to establish and erect the monument on the mountain. This would also honor those who gave their lives for our national security during the Cold War.
It is a pleasure for me to make a few comments regarding SJR 9. My family has a little bit of personal history or connection with this and we also have known Steve Ririe for some time and it’s a pleasure to have him here. Our esteemed Senator from District 6 in Clark County prepared a Powerpoint presentation and has permitted me to use the photographs, a copy of which has been placed on your desks. I would just like to roll through them quickly and explain the genesis of this and inform you of some of the compelling human interest stories behind this.
This really came about through the secret development of the U2 spy plane back in the early 1950s, the proliferation of the nuclear arsenal of Russia was beginning. We learned of that and felt that for United States security interests we needed to be able to monitor that development. From that came the development of the U2 spy plane. In the early 1950s, flights from “Skunk Works” in Burbank, California began whereby the military secretly shuttled scientists and technicians and members of the CIA from “Skunk Works” up to Area 51, which, at that time, was codenamed “Watertown.” On November 17th, 1955, a C-53 left Burbank, California. It carried nine passengers, and five crewmembers. They, again, were headed to Watertown, Nevada, on what was called a business trip.
These flights were to be by sight and instrument only due to the secrecy of the matter. The flight pattern brought them up from southern California. This was a new flight path. They intended to save ten minutes. They would fly west of the Spring Mountain Range, west of Mt. Charleston; however, that morning they had a tailwind blowing from the southwest to the northeast. When they arrived at Goodsprings, they changed their course, and at that time, the tailwind became a crosswind and began blowing them eastward. They entered a snowstorm at the time, and of course, flying by sight and instrument is complicated when flying in a snowstorm. They were not able to view the mountains and were unaware they had blown to the east of Mt. Charleston. In an effort to maintain safety, they thought to move further west of the mountain range, so they turned west and, unbeknownst to them, were flying straight into the mountain. They entered the box canyon of Kyle Canyon and flew upward and found themselves trapped in the canyon and immediately began to execute a spiral climb in order to get out. As you are aware, they did not make it. They impacted 50 feet from the ridge, which is just a short distance from the top of Mt. Charleston.
It was quite a tragedy. If anyone has climbed to the site, there is a sobering feeling that you experience to be there. You can see the ridge, which is the crash site of the plane, and the impact site. The plane immediately broke up on impact. It was not anticipated there was any suffering by these individuals—either unconsciousness or death probably resulted immediately. The crash site could be seen by the military, on and off, throughout the day after. The military dropped some snowshoe teams in there and a snow jeep, but that was rendered totally ineffective. The military contacted the Clark County Sheriff’s Posse, who had a horse posse, to go up to the mountain. This is where it becomes a little personal for me. My grandfather is Merle Franer, and he was a member of that posse. It took about 24 hours to get to the site. They went without food and sleep. Upon return, my grandfather was briefed and told this was classified information, that the public would be told it was just a business flight to Indian Springs. The only thing he could say was that it was the most difficult 24 hours he ever experienced in his life.
There is a photograph of the mountain ridge, with my grandfather and Vernon Bunker, who is a former legislator, up there on what is known as the East-West Ridge, which is close to the crash site. They were familiar with the mountain and were able to make that difficult and treacherous trip up the mountain. There was so much snow at times they could not remain in their saddles. They had to get off their animals and hold on to the tails and were literally dragged through the snow.
Merle Franer, interestingly enough, helped form the first scout troop in Las Vegas and the Boulder Dam Area Council. That becomes important, because many, many scouts, most of them in southern Nevada, have made the trip—the climb up Mt. Charleston. Many scouts and many families have made their way up the mountain and have been profoundly affected when they arrived at the crash site.
Steve Ririe is a scoutmaster, he is sitting to the right of me. He made this trip with some of his scouts and was profoundly influenced by it. He thought about the families of these men who had perished on the mountain and wondered what they knew about this. It’s a tragedy that many died in their youth. They were committed to the United States and the national protection. Part of the other tragedy is that many of these family members did not know the circumstances of their father’s or their son’s or their brother’s death. Actually, many of them had the understanding that there was significant flight error or negligence or even gross negligence. It’s commendable to Mr. Ririe, who took the initiative to go out and find descendants of these deceased military and scientists, and apprise them of the true facts surrounding the crash. For many of them, it has been a healing balm to them to know that there was a snowstorm, with severe conditions, and that there wasn’t gross negligence on behalf of the pilots. We express our appreciation to Mr. Ririe for having undertaken that effort and bringing solace to many of those who have suffered.
The monument is meant to honor those who suffered through the Cold War. For whatever reason. There were many covert operations. People died. It wasn’t necessarily a war of bullets and bombs, but it was a silent and cold war. And there are many who died, many families who suffered from that. They are who this monument is intended to honor. Thank you, Mr. Speaker.
Roll call on Senate Joint Resolution No. 9:
Yeas—38.
Nays—None.
Excused—Berman, Humke, Marvel, Nolan—4.
Senate Joint Resolution No. 9 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
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 Lois Graves, Tricia Grinsell, Clint Grinsell, Katie Grinsell, Leslie Moya, Mike Garland, Valen Hernandez, Sara Rodarte, Kristina Kim, Jarrett Hardester, Jeff Champagne, Abby Chainey, Alexis Hill, Monica Macaluso, Wan Lee, Ray Stover, Brandan Welty, Aurora Partridge, Priscilla Tran, Matt Henry, Christina Kim, Nancy Ortiz, Sara Sydenham, Nick Larsen, Heather Marvel, T.T. Tran, Joyce Ann Afuha'amango, Mark Towell and Judith Simpson.
On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Terry Campbell.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to John Echeverria, Cathy Echeverria, Dena Echeverria, Michael Echeverria, Teresa Maloney, Dennis Maloney, Steve Echeverria, Kathleen Echeverria, Rawlins Echeverria, Marisa Cardenas, Jesse Cardenas, Adam Welmerink, Luke Welmerink, Emily Welmerink, Eric Welmerink, Joseph Zulaika, Bill Douglass and Carmelo Urza.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Jeff Torres, Shari Torres, Jeff Torres II, Josh Torres and Cheryl Bricker.
On request of Assemblywoman McClain, the privilege of the floor of the Assembly Chamber for this day was extended to Joanne L. Goodwin and Caryll Batt Dziedziak.
On request of Assemblywoman Parnell, the privilege of the floor of the Assembly Chamber for this day was extended to Justin Allbritten, Gina Bianchi, Cherena Camp, Jeremy Cannon, Felix Carrillo, Megan Craugh, Annelise Dankworth, Britney Eichenberger, Abbigail Fiske, Luke Gentner, Ian Gunn, Nicole Hironaka, Hannah Kapczynski, Kevin Kengott, Yolanda Llamas, Ashley Lloyd, Katie McFarren, Andrew Mims, Matthew Phillips, Blake Plattsmier, Sarah Jean Savoie, Richard Shroy, Ann Dankworth, Denise Eichenberger, Beth Gunn and Judith Armstrong.
Assemblywoman Buckley moved that the Assembly adjourn until Friday, March 16, 2001 at 10:30 a.m. and that it do so in the memory of John Fadgen.
Motion carried.
Assembly adjourned at 12:43 p.m.
Approved:Richard D. Perkins
Attest: Jacqueline Sneddon