THE FIFTY-THIRD DAY

THE FIFTY-THIRD DAY

Carson City(Thursday), March 29, 2001

Senate called to order at 11:11 a.m.

President pro Tempore Jacobsen presiding.

Roll called.

All present except Senator Washington, who was excused.

Prayer by the Chaplain, Monte Fast.

From ancient Hebrew scripture

Blessed is the man that walketh not in the counsel of the ungodly

Nor standeth in the way of sinners

Nor sitteth in the seat of the scornful

But his delight is in the law of Jehovah

And in that law doth he meditate both day and night.

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 Finance, to which was referred Senate Bill No. 251, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William J. Raggio, Chairman

Mr. President pro Tempore:

Your Committee on Government Affairs, to which were referred Senate Bills Nos. 60, 75, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ann O'Connell, Chairman

Mr. President pro Tempore:

Your Committee on Human Resources and Facilities, to which was referred Senate Bill No. 236, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Raymond D. Rawson, Chairman

Mr. President pro Tempore:

Your Committee on Taxation, to which were referred Senate Bills Nos. 82, 203, 222; Senate Joint Resolution No. 20 of the 70th Session, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mike McGinness, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, March 27, 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 Bill No. 369.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 25.

Patricia R. Williams

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

By Senators Raggio, Titus, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener:

Senate Resolution No. 5—Inducting Archie Pozzi, Jr., into the Senate Hall of Fame.

Whereas, The Senate of the Legislature of the State of Nevada has established a Senate Hall of Fame whose members are selected by leadership from those past Senators who have served with distinction and who have made exemplary contributions to the State of Nevada; and

Whereas, Archie Pozzi, Jr. served in the Assembly from 1955 through 1966 and in the Senate from 1967 through 1974 for a total of 20 years and was widely respected for his expertise and knowledge in the financial affairs of the state, serving on the Assembly Ways and Means Committee or the Senate Finance Committee during his entire legislative tenure; and

Whereas, During his years in the Senate, Archie Pozzi, Jr. served as Minority Floor Leader in 1973, and used his drive and ambition to enact a state sales tax to help pay for education, to sponsor a bill for a land exchange needed to start Western Nevada Community College, to help create Carson City’s current form of consolidated government as a Capital District, to defend the rights of state employees and to support veterans; and

Whereas, Among other important posts held, Archie Pozzi, Jr. ably represented the veterans of Nevada and the United States as Commander of the Nevada Department of the American Legion from 1951 to 1952 and as National Vice Commander from 1988 to 1989; now, therefore, be it

Resolved by the Senate of the State of Nevada, That Archie Pozzi, Jr., an outstanding leader and visionary member of both houses of the Nevada Legislature, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.

Senator Raggio moved the adoption of the resolution.

Remarks by Senators Raggio, Amodei and Jacobsen.

Senator Raggio requested that the following remarks be entered in the Journal.

Senator Raggio:

I know the Senate, as a whole, looks forward to these special occasions when we induct former members of this body into the Senate Hall of Fame. This began a number of years ago when the Hall of Fame was established. The first recipient was former Senator James Gibson. It has been a tradition in the Senate to induct four persons each time we meet in formal session to this prestigious Hall. Generally, we have two from what we term the modern era that goes back to 1960 and two from the historic days and the beginning of the Legislature.

The Senate is indebted to Guy Rocha, State Archivist, and Bob Erickson, Legislative Counsel Bureau Research Director, who research the records of former Senators and make the recommendations to leadership for this significant recognition. I want to thank these gentlemen on the behalf of the Senate. They both put a great deal of time into making these recommendations. Those, being recognized today, are the first two this session.

Today, we honor former Senator Archie Pozzi. Unfortunately, he never knew he was going to be inducted into the Hall of Fame. He would have been proud. He spent two decades in the Legislature, both in the Assembly and in the Senate. He was an ardent spokesman for the causes in which he believed. He was a distinguished leader in the American Legion. He served as both a state and as a national officer. He was the spokesman for all veterans’ organizations and for veterans’ rights.

He represented his constituency of Ormsby County, now Carson City, with great distinction. Having had the pleasure to serve with him during those years when he was in the Senate, I know that nothing was beyond Archie in so far as getting something done for this area. Through his efforts, the Western Nevada Community College was established in Carson City. He saw to it the needs of state employees were met. When Archie wanted something, he let you know. When he stood on the floor of the Senate, he spoke even more directly than some of us do. He minced no words; he called it the way he saw it, and he usually prevailed. He was a gentleman throughout. He was a humorous man, and one that everyone respected even if they did not always agree with his position. We shall all miss him, and it is most appropriate that we add his name, today, to the Hall of Fame.

Senator Amodei:

This is a day, which makes me glad I went through the campaign process, and that I am able to sit here and be a part of this presentation. As a native of Carson City and as someone who knew Mr. Pozzi while growing up and as someone to whom he had a role in mentoring, it is a humbling and special privilege to be here and be part of this. When I look at his picture, I know Archie would be happy with it.

There is an old saying, “You are judged by the quality of the company you keep.” Walking into Chamber today and seeing the group of people here for this presentation, the saying speaks for itself. These people are a further testament to “Mr. Carson City” and his career here. Archie had to know he was to be selected for this honor. When you look at his record, it is a record which no one from Carson City will ever be able to compete. No one can fill his shoes. It is appropriate that we induct Archie Pozzi into the Hall of Fame from the State’s capital city today.

In 1997, as a newcomer to the Legislature, I was having some trouble with an issue relating to funding for a proposal. I was complaining about how I thought I had the support of 62 legislators, but there was one from Washoe County who did not seem to be getting my message. I asked Archie, “What do I do?” He said, “Don’t do anything. I am the only guy from Carson City who told Bill Raggio what to do, and I’ll tell him again.” Thank you, Mr. President pro Tempore.

Senator Jacobsen:

There is no one more deserving of this honor than former Senator Archie Pozzi. I was privileged to know the whole family. He was a super guy. I only disagreed with him during Carson and Douglas games. He seemed to lean towards Carson City.

Senator Pozzi was a champion for the veterans. He toured the entire state and never missed an American Legion convention in all the years I knew him.

Resolution adopted.

Senator Raggio moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 11:32 a.m.

SENATE IN SESSION

At 11:38 a.m.

President pro Tempore Jacobsen presiding.

Quorum present.

By Senators Raggio, Titus, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener:

Senate Resolution No. 6—Inducting George W. Cassidy into the Senate Hall of Fame.

Whereas, George W. Cassidy, who studied law but chose to make a living in the newspaper business, was the proprietor and editor of the Eureka Sentinel newspaper at the time of his first election to the Nevada Senate in 1872, served the people of the State of Nevada with intelligence, vision and compassion as a State Senator from 1873 through 1880 and as a member of the United States House of Representatives from 1881 through 1885; and

Whereas, Senator Cassidy, a leading figure in the Senate during Nevada’s prosperous years of the 1870s, was elected President pro Tempore for the 1877 session when the Senate was at its maximum of 25 members, and sponsored bills to create Eureka County, construct its beautiful courthouse, provide for the government of unincorporated towns, allocate monetary relief to the victims of the devastating fire in Reno in 1879, prohibit involuntary servitude of the Chinese and prevent railroad rate and fare discrimination; and

Whereas, Among other accomplishments as Nevada’s Representative in Congress, George Cassidy was responsible for the initial appropriation for the construction of the Federal Building in Carson City, which today is occupied by Nevada’s Commission on Tourism and Nevada Magazine; now, therefore, be it

Resolved by the Senate of the State of Nevada, That George W. Cassidy, an outstanding State Senator and Congressman, who sponsored progressive legislative measures in both the Nevada Senate and the United States House of Representatives, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.

Senator Titus moved the adoption of the resolution.

Remarks by Senator Titus.

Senator Titus requested that her remarks be entered in the Journal.

I rise in support of this resolution inducting Senator George Cassidy into our Senate Hall of Fame. Senator Cassidy grew up in the Midwest but became a true westerner, moving first to California in search of gold, then to the Nevada Comstock, and eventually settling in Eureka in 1871. He never struck it rich in mining so he turned to journalism and politics. He was urged to run for the State Legislature in 1868, but he declined the offer. His comments at the time are interesting, and I quote:

September 1, 1868: I go to the State Convention (Democrat) tomorrow as a delegate from Storey County. I am a delegate also to the County Convention and can be nominated for the Legislature if I ask for it. Don’t think I will; it doesn’t pay.

September 26, 1868: I could have gone on the Legislative ticket, but would not consent. There is no money in it for an honest man.

When he agreed to run in 1872, he noted, “As you may have observed, I am the liberal candidate from Lander County for State Senator. I have a hard fight but will win it for sure―I think. I have the county to canvass yet. The contest will probably cost me $2,000―but I must succeed. Success is everything in this life.”

Indeed he was successful. He was very respected in the Senate where he pushed through a bill to create Eureka County, obtain funds to build the beautiful Eureka County Courthouse and to prohibit the involuntary servitude of the Chinese in Nevada.

A compassionate and earnest individual, Senator Cassidy went on to serve as Nevada’s second Democrat in Congress when he was elected to the U.S. House of Representatives in 1882.

I urge you to support this resolution honoring his good works.

Resolution adopted.

Senator Titus moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 11:45 a.m.

SENATE IN SESSION

At 11:51 a.m.

President pro Tempore Jacobsen presiding.

Quorum present.

Senate Concurrent Resolution No. 7.

Senator Wiener moved the adoption of the resolution.

Remarks by Senator Wiener.

Resolution adopted.

Resolution ordered transmitted to the Assembly.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, March 29, 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. 19.

Patricia R. Williams

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

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.

Senator Raggio moved the adoption of the resolution.

Remarks by Senators Raggio and Jacobsen.

Senator Raggio requested that the following remarks be entered in the Journal.

Senator Raggio:

It is an honor for me to commemorate former Assemblyman Jim Wood. It is nice to honor someone for their significant contributions while they are still alive to hear the comments. Jim Wood and his wife Gwen are friends of mine. In addition to Jim’s service as a legislator for 28 years, he has been a strong force in northern Nevada and, for that matter, in the entire State.

I did not serve with Jim in the old Capitol building where these Chambers used to be, but the significance of his service cannot be understated. He was a mover and a shaker in many important efforts that came before the Legislature. The time in which he served was a difficult time. The State went through some financial difficulties at that time. The State was growing and just coming into its own. Washoe County was the largest county in the State by population. Not unlike today where we have significant financial concerns, they had them too, and they bit the bullet and passed the first sales tax. At that time, Nevada had prided itself as being a tax-free state. There was only a tax on gaming. It took a lot of fortitude for those legislator, to propose a sales tax. As a result of Jim Wood’s efforts, the sales tax was passed in two sessions and placed on the ballot. A tax of two cents was passed at that time. It became a significant source of the State’s revenue. Today, it is the primary source of revenue for the State. During that time, through his efforts and through the efforts of his colleagues, the University School of Medicine was created. He was instrumental in acquiring a donation to the University of Nevada for the Jot Travis Student Union Building. His contributions are worthy of recognition, and it is an honor to join with our colleagues in the Assembly to honor him.

Senator Jacobsen:

I had the opportunity to serve with Jim and to know his wife. In the old building, the Republicans would sit on one side and the Democrats on the other. There was a lady colleague of ours who got Jim’s attention. If he got up, she got up. This went on and on. We had a press table and during recess we would play bridge. Jim was our expert on transportation. There was little he did not know. He was our guiding light. What a joy it is to see Jim and Gwen here today.

Resolution adopted.

Senator Raggio moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 12:01 p.m.

SENATE IN SESSION

At 12:08 p.m.

President pro Tempore Jacobsen presiding.

Quorum present.

Senator Raggio moved that the following persons be accepted as accredited press representatives, and that they be assigned space at the press table and allowed the use of appropriate media facilities: VIRGINIA CITY REGISTER: Gary Gehrm, Terry Daisy and Bill Sjouaugeu.

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 369.

Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

CONSENT CALENDAR

Senator Titus requested that Senate Bill No. 223 be taken from the Consent Calendar and placed on the Second Reading File.

Senate Bill No. 114.

Bill read.

Roll call on Senate Bill No. 114:

Yeas—20.

Nays—None.

Excused—Washington.

Senate Bill No. 114 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. 164.