NEVADA LEGISLATURE

THE FIFTY-THIRD DAY

Carson City (Thursday), March 29, 2001

Assembly called to order at 11:12 a.m.

Mr. Speaker presiding.

Roll called.

All present except Assemblyman Arberry, who was excused.

Prayer by the Chaplain, Pastor Albert Tilstra.

Almighty God, we turn in confidence to You. We know that we are not what we ought to be; and we know that we are not yet what we will be; but we thank You that we are not what we once were. For whatever progress You have made with us we give You thanks. Help us remember that they that wait upon the Lord shall renew their strength. May we wait and be made strong.

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 was referred Assembly Bill No. 290, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Commerce and Labor, to which was referred Assembly Bill No. 461, has had the same under consideration, and begs leave to report the same back with the recommendation: Without recommendation, and re-refer to the Committee on Government Affairs.

Joseph E. Dini, Jr., Chairman

Mr. Speaker:

Your Committee on Constitutional Amendments, to which was referred Assembly Joint Resolution No. 4 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 Government Affairs, to which was referred Assembly Bill No. 96, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Government Affairs, to which was referred Assembly Bill No. 197, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended, and re-refer to the Committee on Ways and Means.

Douglas A. Bache, Chairman

Mr. Speaker:

Your Concurrent Committee on Government Affairs, to which was referred Assembly Bill No. 549, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Douglas A. Bache, Chairman

Mr. Speaker:

Your Concurrent Committee on Health and Human Services, to which was referred Assembly Bill No. 35, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ellen M. Koivisto, Chairman

Mr. Speaker:

Your Committee on Judiciary, to which was referred Assembly Bill No. 325, 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 Assembly Bill No. 54, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Judiciary, to which was referred Assembly Bill No. 110, 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 Committee on Ways and Means, to which was referred Senate Bill No. 199, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry Jr., Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, March 27, 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. 84; Senate Bill No. 234.

Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolutions Nos. 17, 18.

Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 27, 46, 125, 202.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

By the Committee on Elections, Procedures, and Ethics:

Assembly Resolution No. 6—Provides for appointment of additional attaché.

Resolved by the Assembly of the State of Nevada, That Mary G. Garcia is elected as an additional attaché of the Assembly for the 71st session of the Legislature of the State of Nevada.

Assemblywoman Giunchigliani moved the adoption of the resolution.

Remarks by Assemblywoman Giunchigliani.

Resolution adopted unanimously.

By Assemblymen Gibbons, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, 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 Jacobsen, Amodei, Care, Carlton, Coffin, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:

Assembly Concurrent Resolution No. 19—Commending former Nevada Legislator James E. Wood for his public service.

Whereas, James E. Wood, former Nevada Assemblyman, attended Elko County elementary and high schools; and

Whereas, James Wood was the owner-operator of Gray Line Scenic Tours, Inc., the Director of National Gray Line Association, the Director of Western Bus Traffic Association, and the Director and past President of Nevada Motor Transport Association; and

Whereas, James Wood was a member of the Reno Elks Club and a member and past President of the Rotary Club of Reno; and

Whereas, Elected to serve as a member of the Assembly from 1953 through 1970, James Wood served for six regular sessions and six special sessions; and

Whereas, During his legislative service, Nevada was transitioning from a wartime mass-production economy into a redevelopment of self-sustaining state government with quality education programs; and

Whereas, James Wood used his considerable expertise in the highway passenger transportation industry to help stabilize the fragile financial condition of our state and to address the several problems with the education system, among many other issues; and

Whereas, James Wood was the Minority Floor Leader during the 1967 Legislative session and served on many committees including Banks, Corporations and Insurance, Ways and Means, Counties and County Boundaries, Legislative Functions, Judiciary, Roads, Transportation and Aviation, Taxation, Civil Defense and Veterans’ Affairs, Social Welfare, Building and Construction, State Publicity and Economic Development, Commerce, State Institutions and Libraries, and Government Affairs; and

Whereas, While a member of the Legislature, James Wood was instrumental in acquiring generous donations to benefit the University of Nevada, Reno, one from Wesley Elgin Travis which established a trust fund to build the Jot Travis Student Union building and one from Howard Hughes which helped establish the University of Nevada School of Medicine; and

Whereas, James Wood was involved in other key legislation, such as the Sales and Use Tax Act, considered to be one of the most difficult pieces of legislation, but a necessary one to relieve the strains on the economy of the state; now, therefore, be it

Resolved by the assembly of the State of Nevada, the Senate Concurring, That James E. Wood is hereby commended by the members of the 71st session of the Nevada Legislature for his many contributions to the State of Nevada and to its residents; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to former Assemblyman James E. Wood.

Assemblywoman Gibbons moved the adoption of the resolution.

Remarks by Assemblymen Gibbons, Angle, Giunchigliani, Humke, Goldwater, Carpenter, Williams, Brower, Ohrenschall, Hettrick, Dini, Anderson and Price.

Assemblyman Gustavson requested that the following remarks be entered in the Journal.

Assemblywoman Gibbons:

Thank you, Mr. Speaker. I am very honored and pleased to share with you this young man, Mr. Jim Wood, who was a State Assemblyman for the area I am pleased and honored to also represent. He actually served this area when I was born; that was a long time ago. It wasn’t so long ago that we don’t have some remembrance of him. He served as a freshman with our own Speaker pro Tempore of the Senate. A little bit of history to share with you: he served here 14 years and was here when our Speaker Emeritus was a freshman—a very young freshman; he was here after Lake County was changed to Roop County, then changed to Washoe. Thirty-seven people served in these chambers in Mr. Wood’s freshman year and about a third of them, or twelve, were from Clark County.

Mr. Wood served with the first African American member of the State Assembly, Mr. Woodrow Wilson. He came into office the year after the oldest male state legislator retired, Cada Castolas Boak, who served until the age of 82. Mr. Wood served with the oldest female state legislator, Maude Frazier, who served until her retirement at 82. He served with Helen Herr, who is in the history books as having the longest service of a female legislator. He served in two special sessions. They were record breakers because they were the longest special sessions in our state’s history. He served with two young freshmen legislators known as the “Gold Dust Twins,” who later became U.S. Senators. He served with the former U.S. Senator Chic Hecht, Ninth Circuit Court Judge Procter Hug, former Secretary of State William Swackhamer and Judge Bill Beko.

He also served with many notables, such as Carl Dodge, Eileen Brookman, Keith Ashworth, Margie Foote, Virgil Getto, Don Mello, Ed Fike, Bart Schouweiler, Melvin Close, Mary Frazzini, Archie Pozzi, Coe Swobe, Vernon Bunker, George Von Tobel, Les Lerude and Randy Capurro.

I am honored to share with you this wonderful public servant, who kept the seat warm for me before I was born. I have been honored to use in my office his original desk and chair that we placed outside the Speaker’s office today. Thank you very much, Mr. Speaker. It allows everyone to see how they did business back then. The only thing missing was a brass spittoon that used to sit by the desk in the days gone by. That is okay I guess.

I do want to share with Mr. Wood a little history. We are in the 21st Century and in this session, Mr. Wood, we have had the first African American to serve as Speaker pro Tempore, who is from Assembly District No. 6. The Assemblywoman from District No. 8 is the first woman to serve as Majority Leader. The Assemblyman from district No. 39 is the first Minority Leader to be able to do all the heavy lifting with only one arm. Thank you.

Assemblywoman Angle:

Thank you, Mr. Speaker. I stand in support of ACR 19. I want to thank Mr. Wood for taking such good care of my district. It seems that he knew Reno when it was small, a small town. We now have three or four or maybe even five members that have to do the same job that he did then. He was the father of enabling legislation. I was reading that he was the one that was responsible for the Centennial Coliseum. Not too many people call it that anymore. You have to be an old time Reno resident to understand that the Reno/Sparks Convention Center was built in the year of the Centennial, 1964, and was therefore named the Centennial Coliseum. It just so happens that building started out in an onion field where I played as a child. It was right in the back of my home and we played there. When they built the Coliseum, it had a huge parking lot. My dad taught me to drive there, so I have some very fond memories of that. I want to thank Mr. Wood in getting us that building and promoting Reno. Thank you, Mr. Speaker.

Assemblywoman Giunchigliani:

I, too, rise in support of ACR 19. I think it is rather apropos that we honor a gentleman, who I have not had the privilege of meeting, but did serve with my former Assemblywoman, Eileen Brookman. I will assure everyone that she still likes orange. I think, as a teacher, I want to say thank you, maybe rather belatedly. I was reading through your history background and it is rather ironic, we seem to be revisiting a great deal of that right now: a teacher shortage; teachers leaving the state to go work someplace else; problems with higher education funding. Through your efforts, the two percent statewide sales tax came into play to help, not only districts, but other programs much needed in the state. We are grappling with the same issues this year, so hopefully we will apply your same insight and sensitivity to the issue when taxes are needed; that we step up to the plate if that is what we need to make a decision on. Thank you very much. It is a privilege to finally meet you from long distance.

Assemblyman Humke:

Thank you, Mr. Speaker. I, too, rise in support of ACR 19. It has been my pleasure today to meet Mr. Wood. I would note for the record that he served with my friend, former Assemblyman Randy Capurro, who is still around and does visit these halls from time to time. It is nice to have this ability to touch the somewhat distant past. I would like to say a few words about some of Mr. Wood’s accomplishments. He had a former boss, Wesley Elgin Travis, who had a colorful history. That individual was born in a mining camp and rose to the level of becoming a surface transportation leader. He was the person responsible for the establishment of the first transcontinental passenger bus system in the United States. As I stated, Mr. Wood formerly worked for him in his company. Mr. Travis made a donation which resulted in the trust fund, which did establish the Jot Travis Student Union building at the University of Nevada campus, which is still there and has been expanded recently and is a wonderful building for the students of that institution. Perhaps, even more importantly, is that Mr. Wood is the person who was responsible, in large part, for the establishment of the University of Nevada Medical School. During his service, he worked with Governor Laxalt. He worked somewhat behind the scenes, engaging in phone calls with the illustrious Howard Hughes essentially brokered the initial funding for the medical school. It has been so important for this state. I think we should additionally honor him for those activities. Thank you, Mr. Speaker.

Assemblyman Goldwater:

Thank you, Mr. Speaker. Having gone through a unique marriage situation, and it has been wonderful for me, I thought with the indulgence of the body and would rise in support of ACR 19 and, with the indulgence of the Chief Clerk, read a resolution from February 23, 1967:

“WHEREAS, It has come to the attention of the members of this body during these hectic Legislative days that our Minority Floor Leader, James E. Wood, by connivance and fortitude, and without the advantage of a handsome physiognomy—has induced one Gwen Moore to become his bride on the morrow; and

WHEREAS, Observing age-old traditions and customs in anticipation of the honeymoon days ahead, our hearty Minority Leader has requested to be excused from his Legislative endeavors on the morrow, Friday, February 24, at which time he and the beautiful Gwen will be bound together by marital ties the mutual promises of which will sustain them throughout their lives together; and

WHEREAS, The felicitations and genuine best wishes of this body can best be displayed and manifested by our open declaration contained in this document; now, therefore, be it

RESOLVED BY THE ASSEMBLY OF THE STATE OF NEVADA, That the very best wishes and congratulations are tendered to our noble Minority Leader upon his approaching nuptials to the charming Gwen Moore, who has so graciously lightened our burdens by her personal appearance in these chambers today.”

Assemblyman Carpenter:

Thank you, Mr. Speaker. I, too, rise in support of ACR 19. I note that Mr. Wood had his early education in Elko. Anyone that had done that just had to do great things. I’m sure Mr. Wood served with other cowboys from Elko, Roy Young and Norm Glaser and maybe a few others. What I think is unique about this resolution, and we should probably do it more, is that it honors those who are still alive. I just want to add my congratulations and wish you many more years.

Assemblyman Williams:

Thank you, Mr. Speaker. I rise in support of ACR 19. I was one of the legislators here today who had not known Mr. Wood. One of the things that I did when I first got elected to this body eight sessions ago, was to sit at the knee of Woodrow Wilson and talk to him about the legislature back at the time he and Mr. Wood served. Quite often, Mr. Wilson, who passed away last year, talked about the legislature in those years, speaking of individuals such as our Speaker Emeritus and other great legislators. Almost every single occasion that we had a chance to chat, Mr. Wood’s name would come up. I know how fond that Woodrow Wilson was of Mr. Wood. Now that he is no longer with us, I would be remiss and pretentious, as well, not to stand in support of this resolution, supporting Mr. Wood and honoring his present community service to our State of Nevada.

Assemblyman Brower:

Thank you, Mr. Speaker. I also rise in support of ACR 19. I think Mr. Wood represented a large part of the district that I currently represent. It is great to see him here today. I simply would echo the remarks made by my colleague from Elko and appreciate the remarks from my colleague from Clark County. I thank my colleague from Reno for bringing this resolution to us today. It is good to see you here, Mr. Wood and Mrs. Wood. May you enjoy many more years together. Thank you, Mr. Speaker.

Assemblywoman Ohrenschall:

Thank you, Mr. Speaker. I, too, have not had the opportunity of meeting Mr. Wood personally but I rise in support of ACR 19. For a long time I headed the legal clinic for the Westside Federal Credit Unit and this was a prize project of the late Woodrow Wilson. We used to work together for hours every evening. I heard many, many tales and reminiscences about his time in the Nevada State Legislature. He always spoke very, very highly of you. I just wanted you to know. Thank you.

Assemblyman Hettrick:

Thank you, Mr. Speaker. I rise in support of ACR 19. I, too, don’t know Mr. Wood or his wife. I welcome them here. In reading the resolution, I figured that anyone who enjoys Elko County as I do, and have property up there, who is involved in Rotary, as I am, and is the Minority Leader, he obviously has to be a great guy. So, I just wanted to rise and say that we thank you for your service and your dedication to the State of Nevada and all the people you served when you were part of this body. We welcome you here.

Assemblyman Dini:

Thank you, Mr. Speaker. I must rise in support of the resolution. When I came here as a freshman in 1967 Jim was already here. He brought a different level of representation to these chambers. We started out in the old building over there where the Governor’s Office is now—that’s where we were then. Jim was just a hard rock Republican businessman. He brought that attitude into these chambers. I remember in 1968 there was a special session. Governor Laxalt called a special session. One of the reasons was Lake Tahoe and the other was to bring in Medicaid. At that time it was 90 percent federal money and 10 percent state money. I remember we put up $10 million and got $90 million from the Feds. Jim was the only person who voted against it. He gave an outstanding speech. I’ll never forget it. He blasted off and he said “You guys will rue the day that you take this $90 million from the federal government because next year it will be 80/20, and then it will 70/30.” Now it is 50/50. He predicted that. He was the only person in the Assembly who voted against it. I’ll never forget that speech, one of those rousing speeches, blasting the program.

He is a good man and after all these years we have kept our friendship. It has been a real privilege to know him and to see him occasionally and he looks wonderful and I hope his health continues and he comes back to visit us again.

Assemblyman Anderson:

I also rise in support of ACR 19. I have had the opportunity of meeting Mr. Wood on several occasions. I’m more familiar with his son Larry, who I went to college with. The point I think that the resolution really speaks to is a lifetime of accomplishment. As a young man growing up in Washoe County I have had the opportunity of benefiting from the projects that he has supported: the Jot Travis Student Union when it was first opened; and the Centennial Coliseum, as I still think of it, even as we talk about the RSCVA today. I think Mr. Wood is a visionary and his vision is not the least slowed down by the few years since he last sat in these seats.

Assemblyman Price:

Thank you, Mr. Speaker. Through you and to you. It is my pleasure, although we have never met, to support ACR 19. Over the years, from different times, I have heard good stories and very fine things about Assemblyman Wood and his day. We are very fortunate to have had folks like him working and taking care of our state, ensuring it would still be here for us. It was so nice hearing the resolution about you getting married—that was great. We thank you so much for joining us today and we hope that you will join us at another time. As I was reading the very fine background that Mrs. Gibbons put together for us, it occurred to me that you would have also enjoyed Nevada’s only annual session. We thank you so much for being with us today.

Resolution adopted unanimously.

Assemblywoman Gibbons moved that all rules be suspended and that Assembly Concurrent Resolution No. 19 be immediately transmitted to the Senate.

Motion carried unanimously.

INTRODUCTION, FIRST READING AND REFERENCE

Senate Bill No. 27.

Assemblywoman Buckley moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.

Motion carried.

Senate Bill No. 46.

Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

Senate Bill No. 125.

Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

Senate Bill No. 202.

Assemblywoman Buckley moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

Senate Bill No. 234.

Assemblywoman Buckley moved that the bill be referred to the Committee on Judiciary.

Motion carried.

SECOND READING AND AMENDMENT

Assembly Bill No. 1.

Bill read second time.

The following amendment was proposed by the Committee on Education:

Amendment No. 14.

Amend section 1, page 1, line 2, after “1.”by inserting:

“The provision of nursing services in a school district by school nurses and other qualified personnel must be under the direction and supervision of a chief administrative nurse who is a registered nurse and who:

(a) Holds an endorsement to serve as a school nurse issued pursuant to regulations adopted by the commission; or

(b) Is employed by a state, county, city or district health department and provides nursing services to the school district in the course of that employment.

2.”.

Amend section 1, page 1, by deleting lines 5 through 9.

Amend the title of the bill to read as follows:

“AN ACT relating to schools; requiring that nursing services in all school districts must be provided under the direction and supervision of a chief administrative nurse; prescribing the qualifications of a chief administrative nurse; revising provisions relating to nursing services provided to certain pupils; and providing other matters properly relating thereto.”.

Assemblyman Williams moved the adoption of the amendment.

Remarks by Assemblyman Williams.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 223.