THE FORTY-SEVENTH DAY
Carson City(Friday), March 23, 2001
Senate called to order at 10:49 a.m.
President pro Tempore Jacobsen presiding.
Roll called.
All present except Senator Rhoads, who was excused.
Prayer by the Chaplain, Dr. Marvin Dennis.
God, You have given to us another day to touch You but, more importantly, You have given us another day in which You can touch us. God, I ask You to touch us with Your wisdom, strength and love.
You have said in Your word, “The hour cometh, and now is, when true worshippers shall worship the Father in spirit and in truth; for the Father seeketh such to worship Him. God is a Spirit: and they that worship Him must worship Him in spirit and in truth.”
May our lives reflect the fact that You have touched us with Your hand, and may we in turn worship You in spirit and in truth.
This we ask in Your Wonderful Name.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President pro Tempore and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Mr. President pro Tempore:
Your Committee on Judiciary, to which were referred Senate Bills Nos. 234, 282, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Mark A. James, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, March 22, 2001
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 101, 148.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 5; Senate Concurrent Resolution No. 23.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 5.
Senator Raggio moved that the resolution be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Government Affairs:
Senate Bill No. 471—AN ACT relating to state military; provides for the removal by the governor of a person appointed to serve as adjutant general before the end of his term; changing the qualifications for appointment as adjutant general and for appointment as an assistant adjutant general; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 472—AN ACT relating to cities; providing for the disincorporation of the City of Gabbs; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 473—AN ACT relating to public works projects; authorizing public bodies to use indefinite quantity contracts for certain public works projects; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 474—AN ACT relating to commercial transactions; revising the provisions of the Uniform Commercial Code governing secured transactions; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Legislative Affairs and Operations:
Senate Bill No. 475—AN ACT relating to legislative affairs; requiring the Legislative Auditor to contract with a private auditing or consulting firm to conduct an audit of the Emission Reduction Credit Program in Clark County; and providing other matters properly relating thereto.
Senator Porter moved that the bill be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
By the Committee on Finance:
Senate Bill No. 476—AN ACT making an appropriation to the Department of Motor Vehicles for wiring and modular furniture for the Las Vegas Highway Patrol facility; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 477—AN ACT making an appropriation to the Department of Human Resources for assistive devices to help disabled persons maintain an independent living environment; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Taxation:
Senate Bill No. 478—AN ACT relating to motor vehicles; exempting certain motor vehicles that use clean-burning fuel from certain registration fees; increasing certain registration fees for certain motor vehicles that do not use clean-burning fuel; exempting clean-burning fuel from certain taxes on motor vehicle fuel; establishing programs to inspect emissions from certain motor vehicles that use clean-burning fuel; providing a penalty; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Judiciary:
Senate Bill No. 479—AN ACT relating to offenders; providing the public with access to information on the Internet concerning sex offenders and offenders convicted of a crime against a child; and providing other matters properly relating thereto.
Senator James moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Finance:
Senate Bill No. 480—AN ACT relating to state financial administration; authorizing the governor to set the date for the submittal of agency budgets; requiring the economic forum to make certain projections and estimates earlier; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Transportation:
Senate Bill No. 481—AN ACT relating to state government; providing for the reorganization of the department of motor vehicles and public safety into the department of motor vehicles and the department of public safety; and providing other matters properly relating thereto.
Senator O'Donnell moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 101.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 148.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
CONSENT CALENDAR
Senate Bill No. 110.
Bill read.
Roll call on Senate Bill No. 110:
Yeas—20.
Nays—None.
Excused—Rhoads.
Senate Bill No. 110 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
SECOND READING AND AMENDMENT
Senate Bill No. 27.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 9.
Amend the bill as a whole by renumbering sections 1 through 3 as sections 2 through 4 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
The secretary of state shall include on all forms for an application to register to vote prescribed by him the following option, printed in a separate box created by bold lines, in at least 20-point bold type:
[ ] CHECK THIS BOX TO RECEIVE A SAMPLE BALLOT IN LARGER TYPE”.
Amend section 1, page 2, by deleting lines 10 and 11 and inserting:
“4. Except as otherwise provided in subsection 5, a sample ballot required to be mailed pursuant to this section must:
(a) Be printed in at least 12-point type; and
(b) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:
NOTICE: TO RECEIVE A SAMPLE BALLOT IN
LARGE TYPE, CALL (Insert appropriate telephone number)
5. A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.
6. The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to section 1 of this act, or in any other manner, must be printed in at least 14-point type, or larger when practicable.
7. If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots mailed to that person from the county are in large type.”.
Amend section 1, page 2, line 12, by deleting “5.” and inserting “8.”.
Amend section 1, page 2, line 15, by deleting “6.” and inserting “9.”.
Amend sec. 2, page 2, by deleting lines 31 and 32 and inserting:
“2. Except as otherwise provided in subsection 3, a sample ballot required to be mailed pursuant to this section must:
(a) Be printed in at least 12-point type; and
(b) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:
LARGE TYPE, CALL (Insert appropriate telephone number)
3. A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.
4. The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to section 1 of this act, or in any other manner, must be printed in at least 14-point type, or larger when practicable.
5. If a person requests a sample ballot in large type, the city clerk shall ensure that all future sample ballots mailed to that person from the city are in large type.”.
Amend sec. 2, page 2, line 33, by deleting “3.” and inserting “6.”.
Amend sec. 2, page 2, line 36, by deleting “4.” and inserting “7.”.
Amend sec. 3, page 2, by deleting line 46 and inserting:
“(c) Except as otherwise provided in subsection 3, be printed in at least 12-point type.”.
Amend sec. 3, page 3, after line 5, by inserting:
“(f) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:
NOTICE: TO RECEIVE A SAMPLE BALLOT IN
LARGE TYPE, CALL (Insert appropriate telephone number)
3. A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.
4. The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to section 1 of this act, or in any other manner, must be printed in at least 14-point type, or larger when practicable.
5. If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots mailed to that person from the county are in large type.
Sec. 5. A form for an application to register to vote prescribed by the secretary of state which does not comply with the requirements of section 1 of this act may be used after July 1, 2001, if the form was printed on or before July 1, 2001, but forms that do not comply with section 1 of this act must not be ordered or produced after July 1, 2001.”.
Amend the title of the bill, first line, after “elections;” by inserting: “requiring the secretary of state to include on a form for an application to register to vote an option for a registered voter to receive a sample ballot in large type; requiring that certain information be placed on certain sample ballots; requiring that a sample ballot in large type be mailed to a registered voter upon request;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Makes various changes relating to voting. (BDR 24‑504)”.
Senator Wiener moved the adoption of the amendment.
Remarks by Senator Wiener.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 46.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 12.
Amend section 1, page 2, by deleting lines 11 through 13 and inserting:
“(d) May charge a reasonable fee, not to exceed [$100,] :
(1) Five hundred dollars, for providing service within 2 hours after the time the service is requested; and
(2) One hundred dollars, for providing any other special [services] service, including, but not limited to, providing service [on the day it is requested or] more than 2 hours but within 24 hours [,] after the time the service is requested, accepting documents filed by”.
Amend the title of the bill, second line, after “for providing” by inserting “certain”.
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 125.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 27.
Amend section 1, page 1, line 4, by deleting “shall submit” and inserting: “shall:
(a) Submit”.
Amend section 1, page 1, line 7, by deleting the period and inserting:“; and
(b) Publish a summary of the fiscal report, which must contain the information required by the committee on local government finance pursuant to subsection 2, in a newspaper of general circulation in the county in which the local government is situated.”.
Amend section 1, page 2, between lines 9 and 10, by inserting:
“(c) The content for a summary of a fiscal report that must be published pursuant to subsection 1;”.
Amend section 1, page 2, line 11, by deleting “(c)” and inserting “(d)”.
Amend the title of the bill by deleting the second through fifth lines and inserting: “electronically a fiscal report to the department of taxation and to publish a summary of the fiscal report in a newspaper; requiring the committee on local government finance to establish by regulation certain requirements for a fiscal report of a local government submitted to the department of taxation and for a summary of a fiscal report; authorizing the committee on local government finance to”.
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 202.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 31.
Amend the bill as a whole by deleting sec. 6 and renumbering sections 7 through 47 as sections 6 through 46.
Amend sec. 12, page 6, line 17, by deleting “9” and inserting “8”.
Amend the title of the bill by deleting the third and fourth lines and inserting: “accounts; making various”.
Senator O'Connell moved the adoption of the amendment.
Remarks by Senator O'Connell.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 84.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 25.
Bill read third time.
Roll call on Senate Bill No. 25:
Yeas—20.
Nays—None.
Excused—Rhoads.
Senate Bill No. 25 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 182.
Bill read third time.
Roll call on Senate Bill No. 182:
Yeas—20.
Nays—None.
Excused—Rhoads.
Senate Bill No. 182 having received a constitutional majority, Mr. President pro Tempore declared it passed, as amended.
Bill ordered transmitted to the Assembly.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, March 23, 2001
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 15.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 15—Memorializing former Assemblyman John Frank Giomi.
Whereas, The members of the Nevada Legislature note with sadness the passing of native Nevadan and former Assemblyman, John Frank Giomi, on June 17, 2000; and
Whereas, Born in Mason Valley on March 6, 1917, to Frank and Cherubina Bennetti Giomi and remaining a lifetime resident of Lyon County, John Giomi attended rural schools in the valley and graduated from Yerington High School; and
Whereas, After graduating from the University of Nevada in 1941 with a degree in agriculture, John Giomi was employed with the United States Soil Conservation Service until he was drafted into the United States Army in 1942; and
Whereas, During his time with the military, John Giomi fought in the Battle of the Bulge, was taken prisoner, later to be liberated by the English, and was honorably discharged from the service in 1945; and
Whereas, Upon his return to Nevada, John Giomi and his brother, Joe, purchased the Central Mercantile in Smith Valley and, after selling the store in 1954 but retaining the equipment portion of the business, John opened Ace Hardware in Yerington in 1969 which he operated along with several family members until his retirement in 1995; and
Whereas, John Giomi’s dedication to serving the residents of Lyon County found expression in many ways, including 25 years of service as a volunteer fireman as well as service on the District Fire Board, the Lyon County Drug and Alcohol Council, the Yerington Senior Center Board and the Lyon County Draft Board; and
Whereas, Other community involvement by John Giomi included teaching agriculture to returning World War II veterans, coaching Little League baseball, membership in the Yerington and Smith Valley Rotary Clubs, and 52 years of service as a member of the Veterans of Foreign Wars; and
Whereas, John Giomi was elected to the Nevada State Assembly in 1954 and represented the residents of Lyon County for seven regular legislative sessions and three special legislative sessions until he was succeeded by Joseph E. Dini, Jr., in 1967; and
Whereas, During his years of service in the Nevada State Assembly, John Giomi served on numerous committees, including the Education Committee, the Fish and Game Committee, the Legislative Functions Committee, the Livestock Committee, the Mines, Mining and Public Lands Committee, the Roads, Transportation and Aviation Committee, the Social Welfare Committee, the Taxation Committee, the Veterans’ Affairs Committee and, most notably, the Agriculture and Irrigation Committee, serving as its Chairman in 1955, 1959, 1960, 1963 and 1965; and
Whereas, As an Assemblyman, John Giomi introduced and was instrumental in gaining passage of legislation on a variety of issues, including agricultural chemical regulation, livestock, federal water rights, veterans’ affairs and education funding; and
Whereas, John Giomi is survived by his wife, Jere, daughter, Patti Dohoney, and son, Joe, all of Yerington, son, John of Fallbrook, California, brother, Joe of Smith Valley, and four 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 express their heartfelt sympathy to the family and friends of former Assemblyman John Frank Giomi; and be it further
Resolved, That John Giomi will long be remembered for his rich legacy of service to the people of Lyon County and to the State of Nevada; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Jere, John Giomi’s beloved wife of 50 years.
Senator Amodei moved the adoption of the resolution.
Remarks by Senators Amodei, Raggio and Jacobsen.
Senator Amodei requested that the following remarks be entered in the Journal.
Senator Amodei:
I did not know John Frank Giomi, but I have known members of his family in Yerington by virtue of having an aunt and uncle there and by campaigning there during the last election.
In looking through the information prepared about John Giomi, I see that as an Assemblyman Mr. Giomi followed the money. In looking at some of his major legislative accomplishments, they dealt with federal water rights, gambling license fees and the State Distributive School Fund. He paved the way for many Italian-Americans in this State.
Having had a relative of my own who served in the Assembly and knowing how I enjoyed going back through the Journal for 1939, I have obtained a copy of the Journal of the Assembly for 1955 which was John Giomi’s first session in the Assembly. I would like to present this to his wife and thank you for coming today.
Senator Raggio:
I did not have the privilege of serving in the Legislature at the same time as Assemblyman John Giomi, but I knew him and was in contact with him during the years in which I served as District Attorney of Washoe County and had business with the Legislature. John was a delight to work with, and he was a typical Nevadan. He was easy to get along with and was very knowledgeable. When he analyzed something, he did so with logic and understanding. I am happy to join today in remembering his significant years of service. The family has been in Nevada for a long time, and we are privileged to have them as guests. His son, Joe Giomi, still operates the family business in Yerington.
I thank former Assemblyman John Giomi’s family for being here today.
Senator Jacobsen:
This is a special privilege for me today to talk about John Giomi. His family was almost like family for me when I started in the Legislature. I admit in those days, Republicans were not very popular. John was a super person. He was a person I could confide in and trust. He never gave me wrong information. He was a true Nevadan. He meant what he said and said what he believed. I have known his wife, Jere, for a long time and want to say that John was a first-class Nevadan, and I will always remember him.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President pro Tempore and Secretary signed Senate Concurrent Resolution No. 22; Assembly Bill No. 107; Assembly Concurrent Resolution No. 13.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to Joe Giomi, Jere Giomi, Patti Dohoney, Joseya Giomi, Trevor Smith, Jennica Keller, Diana Lawrence, Loretta Safford, Anna Belle Giomi, Pat Giomi and Dormand Patten.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Shannon McGinness and Jamie Sei.
On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Andrea Anderson.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Joseph Giomi and John Giomi.
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Linda Howard.
Senator Raggio moved that the Senate adjourn until Monday, March 26, 2001 at 11 a.m. and that it do so in memory of Robert Laxalt.
Motion carried.
Senate adjourned at 11:39 a.m.
Approved:Lawrence E. Jacobsen
President pro Tempore of the Senate
Attest: Claire J. Clift
Secretary of the Senate