THE SEVENTY-FOURTH DAY
Carson City (Thursday), April 19, 2001
Assembly called to order at 10:53 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Nolan, who was excused.
Prayer by the Chaplain, Reverend Ruth Hanusa.
Dear God, today we recall the Oklahoma bombing of six years ago. We remember our shock and outrage, the unbelievable carnage and chaos, the grief and despair. We thank You for sustaining the survivors who were so badly battered in body and spirit, and we thank You for bringing to them a measure of new life. We, too, live in the midst of life and death. Give us a clear mission, great courage and heartfelt compassion so that we may choose those things which finally bring forth life and not death.
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. 345, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Joseph E. Dini, Jr., Chairman
Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 637, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Chris Giunchigliani, Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 60, 95, 163, 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 Health and Human Services, to which was referred Assembly Bill No. 497, 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 Health and Human Services, to which was referred Assembly Joint Resolution No. 10, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Health and Human Services, to which was referred Assembly Concurrent Resolution No. 7, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Ellen M. Koivisto, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Assembly Bill No. 27, 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. 125, 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. 308, 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. 327, 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 Natural Resources, Agriculture, and Mining, to which was referred Assembly Bill No. 469, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Marcia de Braga, Chairman
Mr. Speaker:
Your Committee on Transportation, to which was referred Assembly Bill No. 639, 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 Transportation, to which was referred Assembly Bill No. 644, 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 Transportation, to which was referred Assembly Bill No. 647, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vonne S. Chowning, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 18, 2001
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed Assembly Bills Nos. 12, 14, 150, 151, 252; Senate Bills Nos. 118, 298, 323, 352, 501.
Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolutions Nos. 23, 24.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 51, 54, 57, 219, 233, 243, 252, 258, 374, 376, 527, 550.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen de Braga, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, 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 McGinness, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Assembly Concurrent Resolution No. 25—Memorializing former Assemblyman and philanthropist Harold E. Fitz.
Whereas, The members of the 71st session of the Nevada Legislature join the residents of Churchill County and many others in remembering the life and mourning the loss of former Assemblyman Harold E. Fitz; and
Whereas, Harold E. Fitz was born on August 7, 1902, in DeWitt, Michigan, to Victor and Lydia Fitz, and was just 2 years of age when his parents homesteaded in Stillwater, Nevada; and
Whereas, After graduating from Stillwater School, Harold Fitz worked on his family’s farm and in the Virginia City and Silver City mines before leaving for Los Angeles to work for the city’s survey division; and
Whereas, Harold Fitz attended night school to become a registered surveyor and used that knowledge in the years following as a foreman for the Civilian Conservation Corps, as a surveyor for the Navy at the Naval Auxiliary Air Station Fallon and the Hawthorne Naval Ammunition Depot, and in his job with the Andy Drumm Construction Company; and
Whereas, On September 18, 1928, Harold Fitz married Catherine Amelia Lerch, whom he called “my little Susie,” which was subsequently shortened to “Suse,” and who would be his loving companion for the next 72 years; and
Whereas, In 1929, Harold and Catherine Fitz purchased a wheat farm near his family homestead and, in the 1940s, bought several other ranches in Churchill County; and
Whereas, Harold and Catherine Fitz were generous philanthropists who created perpetual scholarships at the University of Nevada, Reno, and Western Nevada Community College and gave to various organizations and causes including the Shriners Hospital in Sacramento, the Churchill County Museum, the Alzheimer research program at the University of Nevada, Reno, and four Scottish Rite Childhood Language Disorders Clinics in Northern Nevada; and
Whereas, Always looking for ways to help the hard-working farmers of the area, Harold Fitz was a leader in the local soil conservation program and the Stillwater Farm Bureau and was instrumental in the purchase of large farm equipment from the Federal Government that could be used by participants of the soil conservation program; and
Whereas, Harold Fitz found many ways to be involved with his community, which included being a Master Mason for 72 years, a member of the Scottish Rite Masonic Order for 50 years, a member of the Kerak Shrine and Chairman of the Democratic Central Committee of Churchill County; and
Whereas, In 1958, Harold Fitz was appointed to fill a vacancy in the Assembly for the special session held that year and was elected to serve another term in 1959, and during these years his expertise was valuable on several committees including Agriculture and Irrigation, State Libraries, Livestock, Military and Indian Affairs, and Ways and Means; and
Whereas, A man of many talents and interests, Harold Fitz enjoyed traveling, reading, fishing and hunting and was a championship marksman with the Nevada State Rifle Team; and
Whereas, In 1998, Harold and Catherine Fitz were presented with honorary associate degrees by Western Nevada Community College to acknowledge their contributions to higher education in Nevada; and
Whereas, Harold Fitz’s keen mind, generous spirit and zest for life will live on in the hearts of those who knew and loved him, especially his wife, Catherine “Suse,” of Fallon, his son, Robert, and daughter, Ruth Pintar, both of Carson City, his brother, George of Yerington, and his 6 grandchildren and 15 great-grandchildren; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That the Nevada Legislature extends its deepest sympathy to the family and friends of Harold Fitz; and be it further
Resolved, That the gazebo erected by Harold and Catherine Fitz in Laura Mills Park in Fallon will be a reminder of the generosity of a man whose desire to help others found expression in numerous ways throughout his life; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to his wife of 72 years, Catherine “Suse” Fitz.
Assemblyman de Braga moved the adoption of the resolution.
Remarks by Assemblyman de Braga.
Assemblywoman Buckley requested that the following remarks be entered in the Journal.
Assemblywoman de Braga:
Thank you, Mr. Speaker. An article written not too long ago by Rollan Melton described Harold Fitz as being the very image of a curmudgeon—but a curmudgeon who is really a very warm and caring person. Throughout his very long life, Harold never stopped learning and his passion for politics and world affairs never weakened. He and my father were friends, but they argued incessantly whenever they were together. Interestingly, in the last few months of Harold’s life, he and my father were in the same assisted living home. On more than one occasion, their political discussions reached such a heated level that they had to be separated by a staff member.
Harold was known as “Mr. Democrat” in Churchill County—but he referred to himself as a “damn conservative Democrat” who frequently voted for Republicans. During his first year in the Nevada Legislature, which was 1959, he was chairman of the committee to remodel the Governor’s Mansion. There wasn’t enough money to furnish or carpet the mansion. When then Governor and Mrs. Grant Sawyer moved in, they had to sit on boxes. But, that didn’t last too long after Harold took control. In a short time, the mansion was completed and at no expense to the taxpayers.
Interesting to note that Harold served on many legislative committees that no longer exist in the same form, including: Agriculture and Irrigation, State Libraries, Livestock, and Military and Indian Affairs.
Harold and his wife of 72 years, Suse, were, throughout their lives, wonderful neighbors who gave generously of their time and their assets to make others’ lives easier. Their contributions to their community and to education are legend. And, most of them are listed in the resolution. I just want to add that it has been my great pleasure to be associated with the Fitz family over the years and to be able to memorialize someone who has done so much for so many.
Resolution adopted unanimously.
Assemblyman de Braga moved that all rules be suspended and that Assembly Concurrent Resolution No. 25 be immediately transmitted to the Senate.
Motion carried unanimously.
By Assemblymen Ohrenschall, 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, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams; Senators Titus, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener:
Assembly Concurrent Resolution No. 26—Commending the musical group R.E.M. for encouraging the prevention of teen suicide in one of their songs.
Whereas, Suicide is the eighth leading cause of death in the United States and the third leading cause of death among teenagers 15 to 19 years of age; and
Whereas, The national suicide rate has more than tripled in the last four decades, a tragedy in itself and a source of devastation to millions of family members and loved ones; and
Whereas, The alarming prevalence of suicide in the United States has even caused the Surgeon General in 1999 to publicly recognize suicide as a public health problem; and
Whereas, According to the National Center for Health Statistics, Nevada has the highest rate of suicide per capita in this country; and
Whereas, In 1999, 20 percent of high school students reported having seriously considered or having attempted suicide during the previous 12 months, and 8 percent of those who seriously considered suicide actually attempted suicide; and
Whereas, Teen suicide is one of the most disruptive and tragic events a community can experience as it mourns society’s loss of the unique contribution that could have been made by that particular person; and
Whereas, The greatest tragedy is that research shows us that 95 percent of all teen suicides are preventable; and
Whereas, It is morally imperative that the residents of this state do all that is possible to aid in the prevention of teen suicide and assist depressed or despondent youth to gain a healthy perspective of their problems; and
Whereas, In 1992, the musical group R.E.M. produced a song, “Everybody Hurts,” to make others aware that everybody feels pain and gets depressed, but that a person can get through the pain and depression without resorting to suicide and
Whereas, R.E.M. used the medium of rock and roll music to reach out to troubled teenagers worldwide in a positive and effective way with the message “hold on”; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That the musical group R.E.M. is hereby commended for addressing this issue directly and for effectively suggesting a different perspective to persons who are contemplating suicide; and be it further
Resolved, That the residents of the State of Nevada take notice of the alarming prevalence of teen suicide in the State of Nevada and do all they can to help others hold on to life; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the musical group R.E.M.
Assemblywoman Ohrenschall moved the adoption of the resolution.
Remarks by Assemblywoman Ohrenschall.
Assemblyman Carpenter requested that the following remarks be entered in the Journal.
Assemblywoman Ohrenschall:
Thank you, Mr. Speaker. The problem of teen suicide is one that is ripping the whole country apart. In Nevada, we have the highest per capita rate of teen suicide in the entire United States. We have not given enough; to look to young people and having youths speak to youth. This song, through R.E.M., does that. I hope that it will be the beginning of a burgeoning public/private partnership, that will provide centers for young people to go to, where they can feel that they have a certain amount of privacy, to discuss things that are happening.
The bill started when I was precinct walking. I knocked on a door and met a young lady who told me she was not interested in voting because she did not see that the Nevada Legislature had any relevance to her life. As we continued to talk, she told me about a period of depression she had suffered and the effect this song had had on her. She told me that R.E.M. had done more for her because it had saved her life with this song, “Everybody Hurts,” than she could possibly conceive the Nevada Legislature could do. She said she did not think that the Nevada Legislature could really understand what young people go through. I told her, at that time, that I felt that we could and that we would introduce a resolution, commending the group, as a sign to her and other teens that this state wants to invest in our youth and to save them. I would like to, with your permission, to just read a very small part of the lyrics so that the Assembly can understand.
Some of the lyrics:
“When the day is long, and the night, the night is yours alone; when you’re sure you have had enough of this life, well, hang on. Don’t let yourself go. Everybody cries. And everybody hurts, sometimes. Sometimes everything is wrong. Now it’s time to sing along. When your day is night alone, hold on, hold on. If you feel like letting go, hold on. When you think you’ve had too much of this life, well, hang on. Everybody hurts. Don’t throw your hand. Oh no, don’t throw your hand. If you feel like you are alone—No! No! No! You are not alone. If you are on your own in this life, the days and nights are long, when you think you have had too much of this life to hang on. Well, everybody hurts sometimes. Everybody cries. And everybody hurts sometimes. And everybody hurts sometimes. So hold on, hold on.”
It goes on with that theme of holding on. It’s inspired many people. It’s been credited by celebrities, too, in moments of crisis with helping them to avoid possibility of suicide. We all know suicide is a permanent solution to a temporary problem. Mr. Speaker, with your permission, I would like to add a letter from the Honorable Harry Reid, concerning this issue. It is dated April 3, 2001:
“Thank you for your efforts to increase awareness about the problem of teen suicide. Your resolution recognizes the influential role of musicians and other celebrities play in the lives of teens today. R.E.M. is to be commended for reaching out through their music to troubled teens. As you know, I have been working at the Federal level for many years, to increase awareness about suicide and to establish a national suicide prevention strategy. Effective efforts to combat suicide will involve coordination on local, state and Federal levels. I look forward to working with you. Again, thank you for your leadership on this issue. Please do not hesitate to contact me if I can be of assistance.”
I wish to commend our Assembly and our Senate for taking the leadership, not in Nevada, but nationally, in highlighting the problem and beginning to work on solutions. Thank you, Mr. Speaker.
Resolution adopted unanimously.
Assemblywoman Ohrenschall moved that all rules be suspended and that Assembly Concurrent Resolution No. 26 be immediately transmitted to the Senate.
Motion carried unanimously.
Assemblywoman Buckley moved that the reading of the history of Senate Bills on Introduction be dispensed with for this legislative day.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblyman Dini and Senator Amodei (emergency request of Perkins):
Assembly Bill No. 663—AN ACT relating to cities; clarifying the authority of the first elected city council and mayor to enact and sign ordinances, respectively, to fix their own salaries and those of other officers before the incorporation of the city becomes effective; providing for the continued existence of the North Lyon County Fire Protection District following the incorporation of the City of Fernley; and providing other matters properly relating thereto.
Assemblyman Dini moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 51.
Assemblyman Parks moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 54.
Assemblyman Parks moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 57.
Assemblyman Parks moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Senate Bill No. 118.
Assemblyman Parks moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 219.
Assemblyman Parks moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 233.
Assemblyman Parks moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 243.
Assemblyman Parks moved that the bill be referred to the Committee on Education.
Motion carried.
Senate Bill No. 252.
Assemblyman Parks moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Senate Bill No. 258.
Assemblyman Parks moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 298.
Assemblyman Parks moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 323.
Assemblyman Parks moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 352.
Assemblyman Parks moved that the bill be referred to the Committee on Health and Human Services.
Motion carried.
Senate Bill No. 374.
Assemblyman Parks moved that the bill be referred to the Committee on Transportation.
Motion carried.
Senate Bill No. 376.
Assemblyman Parks moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 501.
Assemblyman Parks moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Senate Bill No. 527.
Assemblyman Parks moved that the bill be referred to the Committee on Taxation.
Motion carried.
Senate Bill No. 550.
Assemblyman Parks moved that the bill be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 59.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 381.
Amend the bill as a whole by deleting sections 1 and 2 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Section 1.130 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as last amended by chapter 187, Statutes of Nevada 1999, at page 914, is hereby amended to read as follows:
Sec. 1.130 Wards: Creation; boundaries.
1. The city must be divided into six wards upon the approval of the voters. Thereafter, the wards may be increased:
(a) By the city council if it determines that an increase is necessary; or
(b) Upon approval of a question proposing an increase to a specific number of wards by a majority of the voters voting on the question. Such a question must be submitted to the voters on the ballot at a general election [or general city election] if the city council votes for the submission of the question on its own motion or if a petition signed by a number of registered voters of the city equal to 15 percent or more of the number of voters who voted at the last preceding general election is submitted to the city council requesting an increase to a specific number of wards.
The wards must be
as nearly equal in population as can conveniently be provided, and the
territory which comprises each ward must be contiguous.
2. The boundaries of the wards must be established and changed by ordinance. The boundaries of the wards must be changed whenever the population, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, in any ward exceeds the population in any other ward by more than 5 percent. The boundaries of the wards may be changed to include territory which has been annexed and whenever the population in any ward exceeds the population in any other ward by more than 5 percent by any measure which is found reliable by the city council.
3. The office of an additional councilman created as a result of an increase in the number of wards pursuant to subsection 1 must be filled initially at the general city election immediately following:
(a) The date on which the city council determined that an increase in the number of wards was necessary pursuant to paragraph (a) of subsection 1; or
(b) The general election at which the question proposing the increase in wards is approved by the voters pursuant to paragraph (b) of subsection 1.
Such an office
must not be filled initially by appointment.”.
Amend the title of the bill to read as follows:
“AN ACT relating to the charter of the City of Las Vegas; providing that the office of an additional councilman created as the result of an increase in the number of wards must be filled initially by election; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 279.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 279.
Amend the bill as a whole by deleting sections 1 through 3 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. Chapter 617 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any other provision of this chapter and except as otherwise provided in this section, if a person employed in this state contracts a contagious disease that results in a temporary or permanent disability or death, the disease is an occupational disease and compensable as such under the provisions of this chapter if:
(a) It is demonstrated that the employee was exposed to the contagious disease during the course and scope of his employment;
(b) The employee reported the exposure to his employer in compliance with the reporting requirements adopted by the employer; and
(c) A test to screen for the contagious disease that is approved by the state board of health is administered to the employee:
(1) Within 72 hours after the date of the exposure and the employee tests negative for exposure to the contagious disease; and
(2) After the incubation period for the contagious disease, as determined by the state board of health, but not later than 12 months after the date of the exposure, and the employee tests positive for exposure to the contagious disease.
2. Such an employee and his dependents are excluded from the benefits of this section if:
(a) The employee refuses to be tested for exposure to the contagious disease as required by subsection 1;
(b) The employee or his dependents are eligible to receive compensation pursuant to paragraph (b) of subsection 2 of NRS 616A.265 or NRS 616C.052; or
(c) It is proven by clear and convincing evidence that the contagious disease did not arise out of and in the course of the employment.
3. All tests for exposure to the contagious disease that are required pursuant to subsection 1 must be paid for by the employer.
4. Compensation awarded to an employee or his dependents pursuant to this section must include:
(a) Full reimbursement for related expenses incurred for medical treatments, surgery and hospitalization; and
(b) The compensation provided in chapters 616A to 616D, inclusive, of NRS for the disability or death.
5. As used in this section:
(a) “Contagious disease” means hepatitis A, hepatitis B, hepatitis C, tuberculosis, the human immunodeficiency virus or acquired immune deficiency syndrome.
(b) “Exposed” or “exposure” means the introduction of blood or other infectious materials into the body of an employee during the performance of his official duties through the skin, eye, mucous membrane or parenteral contact. The term includes contact with airborne materials carrying tuberculosis.
Sec. 2. The provisions of this act do not apply to an employee who, before October 1, 2001, is receiving compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.”.
Amend the title of the bill, second line, by deleting:
“providers of health care” and inserting “employees”.
Amend the summary of the bill to read as follows:
“SUMMARY—Provides for availability of industrial insurance benefits to employees for exposure to certain contagious diseases. (BDR 53‑123)”.
Assemblyman Dini moved the adoption of the amendment.
Remarks by Assemblyman Dini.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 656.
Bill read second time.
The following amendment was proposed by the Committee on Taxation:
Amendment No. 433.
Amend section 1, page 1, line 17, by deleting “that date.” and inserting:
“the calendar quarter in which the business ceases its operation.”.
Assemblyman Goldwater moved the adoption of the amendment.
Remarks by Assemblyman Goldwater.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Williams moved that Assembly Bill No. 213 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Williams.
Motion carried.
Assemblywoman Buckley moved that the reading of the history of Assembly Bills on the General File be dispensed with for this legislative day.
Motion carried.
general file and third reading
Assembly Bill No. 61.
Bill read third time.
Remarks by Assemblymen Bache and Beers.
Roll call on Assembly Bill No. 61:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 61 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 214.
Bill read third time.
Remarks by Assemblyman Williams.
Roll call on Assembly Bill No. 214:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 214 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 220.
Bill read third time.
Roll call on Assembly Bill No. 220:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 220 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 295.
Bill read third time.
Remarks by Assemblyman Giunchigliani.
Roll call on Assembly Bill No. 295:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 295 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 336.
Bill read third time.
Roll call on Assembly Bill No. 336:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 336 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 337.
Bill read third time.
Remarks by Assemblyman Brower.
Roll call on Assembly Bill No. 337:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 337 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Assembly Bill No. 341 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblywoman Buckley.
Motion carried.
general file and third reading
Assembly Bill No. 397.
Bill read third time.
Remarks by Assemblyman Brower.
Roll call on Assembly Bill No. 397:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 397 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 399.
Bill read third time.
Remarks by Assemblyman Oceguera.
Roll call on Assembly Bill No. 399:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 399 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 422.
Bill read third time.
Remarks by Assemblyman Buckley.
Roll call on Assembly Bill No. 422:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 422 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 431.
Bill read third time.
Remarks by Assemblymen Anderson, Arberry, Bache, Beers, Carpenter, Giunchigliani, Koivisto, McClain, Neighbors, Oceguera, Parks, Parnell, Perkins and Williams.
Potential conflict of interest declared by Assemblymen Anderson, Arberry, Bache, Beers, Carpenter, Giunchigliani, Koivisto, McClain, Neighbors, Oceguera, Parks, Parnell, Perkins and Williams.
Roll call on Assembly Bill No. 431:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 431 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 442.
Bill read third time.
Remarks by Assemblymen Ohrenschall, Lee, Hettrick, Beers, Buckley, Humke, Collins, Chowning and Dini.
Assemblymen Dini, Goldwater and Williams moved the previous question.
Motion carried.
The question being on the passage of Assembly Bill No. 442.
Roll call on Assembly Bill No. 442:
Yeas—15.
Nays—Arberry, Bache, Beers, Berman, Brower, Brown, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Giunchigliani, Gustavson, Hettrick, Humke, Lee, Marvel, Mortenson, Neighbors, Oceguera, Tiffany, Von Tobel, Williams—25.
Excused—Freeman, Nolan—2.
Assembly Bill No. 442 having failed to receive a constitutional majority, Mr. Speaker declared it lost.
Assembly Bill No. 443.
Bill read third time.
Remarks by Assemblyman Giunchigliani.
Roll call on Assembly Bill No. 443:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 443 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 446.
Bill read third time.
Remarks by Assemblyman Manendo.
Roll call on Assembly Bill No. 446:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 446 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 451.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No. 451:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 451 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 452.
Bill read third time.
Remarks by Assemblymen Giunchigliani and Gustavson.
Roll call on Assembly Bill No. 452:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 452 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Lee gave notice that on the next legislative day he would move to reconsider the vote whereby Assembly Bill No. 442 was this day refused passage.
general file and third reading
Assembly Bill No. 476.
Bill read third time.
Remarks by Assemblyman Dini.
Roll call on Assembly Bill No. 476:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 476 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 487.
Bill read third time.
Remarks by Assemblyman Chowning.
Roll call on Assembly Bill No. 487:
Yeas—39.
Nays—Collins.
Excused—Freeman, Nolan—2.
Assembly Bill No. 487 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 499.
Bill read third time.
Remarks by Assemblyman Williams.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 12:06 p.m.
ASSEMBLY IN SESSION
At 12:07 p.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Assembly Bill No. 499 be taken from the General File and placed on the Chief Clerk's desk.
Remarks by Assemblyman Anderson.
Motion carried.
general file and third reading
Assembly Bill No. 500.
Bill read third time.
Remarks by Assemblymen Williams, Brower, Gibbons and Chowning.
Assemblywoman Buckley requested that the following remarks be entered in the Journal.
Assemblyman Williams:
Thank you, Mr. Speaker. AB 500 relates to racial profiling and statistical study concerning traffic stops. The bill amends Chapter 289 of the Nevada Revised Statutes to state that a peace officer shall not engage in racial profiling, which is defined as reliance by a peace officer upon race, ethnicity or national origin of a person as a factor in initiating action. The act further directs the Office of the Attorney General to conduct a study of traffic stops by Nevada Highway Patrol, local law enforcement agencies and counties whose population is 100,000 or more. To carry out the study, the AG shall do so based upon recommendations by DMV, Public Safety heads and also law enforcement agencies who will be affected by this particular act.
I would submit, Mr. Speaker, to my colleagues today, that it is very difficult to imagine any activity that is more American than driving a car. We, as Americans, have always treasured our cars and we’ve always looked at driving in our cars as part of the American dream. Today we use our cars for almost everything. We use them for our offices, for entertainment, for educational excursions, and even for eateries. Therefore, it should be no surprise to us that when this activity is compromised there would be public outrage. Unfortunately, the compromises of driving forced upon a select group can sometimes go unnoticed. So, I would submit to you, Mr. Speaker, that statistics throughout the nation, surrounding what is commonly known as “DWB” or “Driving While Black” or “Driving With Blacks,” has produced some startling statistics in America.
Currently, case studies indicate that 82 percent of all cars that are stopped by law enforcement, of African Americans, are illegally searched. You will also find that from a poll that was done by the Justice Department that 56 percent of white Americans and 77 percent of African Americans feel that racial profiling is widespread and should be addressed by our nation.
Currently, when traffic stops occur, African Americans, Hispanics and others who are considered “minorities” are stopped, on average, for 12.5 minutes. This is in contrast to only 4.6 minutes when it comes to whites. For many African Americans, and I would also add Hispanic and other minorities throughout our nation, the emotional cost of “DWB” is profound. Many people who are stopped or become subject of these stops suffer depression. Many of them miss work because of this depression. I would submit, Mr. Speaker, that the most painful and devastating experience of all of these is when African American parents instruct their children that when, not if, they are stopped by law enforcement and police officers, to do certain things that, as a result, will cause a very negative, devastating oppression of law enforcement. I would agree, I think most people here would agree, that such is something that our society can not tolerate.
This particular piece of legislation, as mentioned in committee, has no intentions of being punitive to law enforcement. It is one we hope will enhance the perception of law enforcement and give law enforcement the cooperation and respect that it deserves. By the same token, it will give our communities and drivers throughout our nation the respect and type of relationships we think our country deserves.
Mr. Speaker, I would like to also commend our current President, George W. Bush, for making, in his very first speech to Congress, the suggestion that our country look at racial profiling, and make that one of our number one priorities. As a result, our new Attorney General Ashcroft, on four different occasions, said that racial profiling should be an issue that America should address. As a result, there are a number of bills in Congress that address this issue. One in particular, that compromises highway funds to states if states do not look at this issue and start to move in a direction to eliminate this.
I would very proudly and gladly like to commend and recognize my intern for this session, Noah Fischer, who selected this bill as his project for the session and has done an outstanding job. I would also like to thank the chairman of the Judiciary committee, as well as members of the committee. More importantly, all of law enforcement who came to the table agreed that we should not debate whether racial profiling happens, but debate how we in Nevada will make sure it is eliminated in our particular state. I would also commend our own Attorney General, Frankie Sue Del Papa, who came to us before we went to her, and said this was something she understood and she looked forward to working with law enforcement to eliminate it. I would suggest and urge my colleagues to vote positively on this bill. Thank you very much.
Assemblyman Brower:
Thank you, Mr. Speaker. I rise in support of AB 500. Let me just briefly commend my friend from District 6 for bringing this bill to this body this session. I also want to commend, as my friend has, law enforcement agencies from around the state and the Attorney General. As this body well knows, I think, in other states in our country, this issue has not been so easy to deal with. There have been intense arguments, there have been floor fights in legislatures, there have even been vetoes by governors. But here, at least so far in Nevada, there has been nothing but cooperation as my colleague has pointed out. I urge your support and thank my colleague once again for bringing this to our attention. Thank you, Mr. Speaker.
Assemblywoman Gibbons:
Thank you, Mr. Speaker. I, too, rise in support of AB 500 and salute my colleague and his intern for bringing this forth. They have done a marvelous job. I am just very saddened that this bill has to be brought forth and in the 21st Century but such as it is. I am very happy this body has chosen to do something.
Assemblywoman Chowning:
Thank you, Mr. Speaker. I rise in strong support of AB 500 and I commend my colleague from District 6 for bringing it forward. I would like to point out to the body that some of the items that have to be included in the study on page 2, include, along with race, ethnicity, gender and approximate age, as well as a statement whether the immigration status of the driver was questioned. Unfortunately, that is a part of the study. Unfortunately, that too many times occurs. I would also like to commend all of the excellent officers that we have, who do not engage in this type of practice. It is because there are these practices occurring that our nation is putting attention to this. So, again, I stand in strong support of AB 500.
Roll call on Assembly Bill No. 500:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 500 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 535.
Bill read third time.
Remarks by Assemblyman Carpenter.
Roll call on Assembly Bill No. 535:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 535 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 540.
Bill read third time.
Roll call on Assembly Bill No. 540:
Yeas—39.
Nays—None.
Not Voting—Carpenter.
Excused—Freeman, Nolan—2.
Assembly Bill No. 540 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 542.
Bill read third time.
Remarks by Assemblyman Lee.
Roll call on Assembly Bill No. 542:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 542 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 547.
Bill read third time.
Remarks by Assemblymen Anderson and Goldwater.
Conflict of interest declared by Assemblyman Goldwater.
Roll call on Assembly Bill No. 547:
Yeas—39.
Nays—None.
Not Voting—Goldwater.
Excused—Freeman, Nolan—2.
Assembly Bill No. 547 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 548.
Bill read third time.
Roll call on Assembly Bill No. 548:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 548 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 549.
Bill read third time.
Roll call on Assembly Bill No. 549:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 549 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 574.
Bill read third time.
Remarks by Assemblyman Anderson.
Roll call on Assembly Bill No. 574:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 574 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 581.
Bill read third time.
Remarks by Assemblymen McClain and Carpenter.
Roll call on Assembly Bill No. 581:
Yeas—31.
Nays—Angle, Beers, Brown, Carpenter, Gustavson, Hettrick, Marvel, Tiffany, Von Tobel—9.
Excused—Freeman, Nolan—2.
Assembly Bill No. 581 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 582.
Bill read third time.
Roll call on Assembly Bill No. 582:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 582 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 609.
Bill read third time.
Roll call on Assembly Bill No. 609:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 609 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 628.
Bill read third time.
Remarks by Assemblymen Dini and Oceguera.
Mr. Speaker requested the privilege of the chair for the purpose of making remarks.
Potential conflict of interest declared by Assemblymen Oceguera and Perkins.
Roll call on Assembly Bill No. 628:
Yeas—38.
Nays—Gustavson, Hettrick—2.
Excused—Freeman, Nolan—2.
Assembly Bill No. 628 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 632.
Bill read third time.
Remarks by Assemblyman Gustavson.
Roll call on Assembly Bill No. 632:
Yeas—33.
Nays—Angle, Buckley, Giunchigliani, Gustavson, Parnell, Smith, Von Tobel—7.
Excused—Freeman, Nolan—2.
Assembly Bill No. 632 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 638.
Bill read third time.
Roll call on Assembly Bill No. 638:
Yeas—39.
Nays—Brower.
Excused—Freeman, Nolan—2.
Assembly Bill No. 638 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 643.
Bill read third time.
Remarks by Assemblyman Smith.
Roll call on Assembly Bill No. 643:
Yeas—37.
Nays—Arberry, Bache, Giunchigliani—3.
Excused—Freeman, Nolan—2.
Assembly Bill No. 643 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 660.
Bill read third time.
Remarks by Assemblymen Williams, Giunchigliani, Anderson, Bache, Parnell and Von Tobel.
Potential conflict of interest declared by Assemblymen Anderson, Bache, Giunchigliani, Parnell and Von Tobel.
Roll call on Assembly Bill No. 660:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Bill No. 660 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Joint Resolution No. 7.
Resolution read third time.
Remarks by Assemblyman Carpenter.
Roll call on Assembly Joint Resolution No. 7:
Yeas—40.
Nays—None.
Excused—Freeman, Nolan—2.
Assembly Joint Resolution No. 7 having received a constitutional majority, Mr. Speaker declared it passed.
Resolution ordered transmitted to the Senate.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Ways and Means, to which was referred Assembly Bill No. 604, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry Jr., Chairman
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bill No. 369.
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 Carl Shelly, Artie Valentine and Douglas Webb.
On request of Assemblyman Bache, the privilege of the floor of the Assembly Chamber for this day was extended to Robert Cradock.
On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Randy Capurro.
On request of Assemblyman Brower, the privilege of the floor of the Assembly Chamber for this day was extended to Bud Garfinkle, Betsy Garfinkle, Bobby Garfinkle and Scotty Garfinkle.
On request of Assemblyman Brown, the privilege of the floor of the Assembly Chamber for this day was extended to Jane Ham.
On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Gaylyn Spriggs.
On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Erin Mosey.
On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Suse Fitz, Ruth Pintar, Robert Fitz, Mike Pintar and Michael Pintar.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Angelo Petrini, Joan Petrini and Mouryne Dini.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Bernie Stockwell and Carl Fuetsch.
On request of Assemblywoman Giunchigliani, the privilege of the floor of the Assembly Chamber for this day was extended to Charles Perry and Larry Spitler.
On request of Assemblyman Goldwater, the privilege of the floor of the Assembly Chamber for this day was extended to Craig Eddins.
On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Bruce Bogaert.
On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Louis Capurro.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Maureen Brower.
On request of Assemblywoman Leslie, the privilege of the floor of the Assembly Chamber for this day was extended to Dawn Still.
On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Byron “Bill” Bilyeu and Harry Swanson.
On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Bob Revent, Tim Hafen and Bill Kissam.
On request of Assemblyman Oceguera, the privilege of the floor of the Assembly Chamber for this day was extended to Cheryl Callon and Nicole Anderson.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Col. Matt Wallace and Lt. Col. Jack Schofield.
Assemblywoman Buckley moved that the Assembly adjourn until Friday, April 20, 2001 at 10:30 a.m.
Motion carried.
Assembly adjourned at 12:53 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon