THE FORTY-FIFTH DAY

                               

 

Carson City (Wednesday), March 19, 2003

 

    Assembly called to order at 10:56 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present except Assemblymen Christensen and Goldwater, who were excused.

    Prayer by the Chaplain, Pastor Patrick Propster.

    Psalm 41: He that considereth the poor: “The Lord will preserve him, and keep him alive; and he shall be blessed upon the earth and thou wilt not deliver him unto the will of his enemies.” Lord God Almighty, You have never left us, nor forsaken us. We pray and thank Thee for granting us Your might, balanced with the knowledge of what is right, to serve and protect. Your Word declares, “Thou shalt not murder, steal, lie or covet.” These have been done on a global scale, by a global enemy. Now, we as a nation, are called upon to act preemptively to remove that destructive foe from being a continual global threat. Grant us Your blessings and Your victory. We also pray Your protection be with our loved ones who stand ready to preserve liberty through justice.

Amen.

    Pledge of Allegiance to the Flag.

    Assemblyman Oceguera 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 Elections, Procedures, and Ethics, to which was referred Assembly Joint Resolution No. 3, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Chris Giunchigliani, Chairman

Mr. Speaker:

    Your Committee on Government Affairs, to which was referred Assembly Bill No. 149, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mark Manendo, Chairman

Mr. Speaker:

    Your Committee on Transportation, to which were referred Assembly Bill No. 177;
Senate Bill No. 77, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Vonne Chowning, Chairman


MOTIONS, RESOLUTIONS AND NOTICES

    By Assemblymen Marvel, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber, and Williams; Senators Rhoads, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O’Connell, Raggio, Rawson, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington, and Wiener:

    Assembly Concurrent Resolution No. 7—Memorializing former mining lobbyist and Nevada Tax Commissioner, Howard Winn.

    Whereas, The Nevada State Legislature notes with sadness the passing of
W. Howard Winn on December 12, 2001, at a ranch near Silver City, New Mexico; and

    Whereas, Howard Winn was born to W. Henry and Annie Ritz Winn on May 16, 1916, in Howard County, Missouri, and moved with his family to spend his childhood on a wheat farm and attend schools in McPherson, Kansas; and

    Whereas, After earning a Bachelor of Science degree in Mining Engineering from the University of Kansas in 1939, Howard Winn joined Kennecott Copper Corporation where his 36-year career included work as a Design Engineer, Smelter Superintendent, Concentrator Superintendent and Reduction Plant Superintendent in several of the company’s operations before his appointment as General Manager of the Nevada Mines Division in Ely, a position that he held for the last 12 years until his retirement in 1976; and

    Whereas, In 1935, Howard Winn married Chrysie Bailey and, after her death in 1987, Howard memorialized their love of 52 years with his establishment of the Chrysie P. Winn Memorial Endowment, which provides funding for the enhancement of the mining and geology collection of the DeLaMare Library of the Mackay School of Mines at the University of Nevada, Reno, where the Chrysie P. Winn Reading Room has been named in her honor; and

    Whereas, A long-standing member of the American Institute of Mining and Metallurgical Engineers and the Society of Mining Engineers, Howard Winn was a consultant to the Nevada Mining Association for 12 years after his retirement from Kennecott and also served for 19 years on the Nevada Tax Commission; and

    Whereas, Believing that laws should be written for the benefit of the public generally, Howard Winn worked as a lobbyist at the Nevada Legislature not only for the mining industry but for all Nevadans, and his efforts resulted in the passage of many laws that protect the State’s wildlife and air and water quality; and

    Whereas, In addition to the scholarship-endowed trust established by him at the Mackay School of Mines, Howard Winn demonstrated his love for people and for the mining industry by mentoring many men and women who achieved much in their own careers in mining and by supporting a prominent role for women in the industry before it was popular to do so; and

    Whereas, Howard Winn was also preceded in death by his second wife, Arvada, and is remembered as a man of the greatest honor and integrity who respected all people for their individual abilities to contribute to the greater good; now, therefore, be it

    Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 72nd session of the Nevada Legislature extend their condolences to the many friends of W. Howard Winn; and be it further

    Resolved, That the table, beautifully crafted by Howard Winn and located in the
Chrysie P. Winn Reading Room, will be a reminder of the generosity and love of this man who left his mark on the mining industry and the people of Nevada.

    Assemblyman Marvel moved the adoption of the resolution.

    Remarks by Assemblymen Marvel and Carpenter.

    Resolution adopted unanimously.


    Assemblywoman Buckley moved that all rules be suspended and that Assembly Concurrent Resolution No. 7 be immediately transmitted to the Senate.

    Motion carried unanimously.

    Assemblyman Manendo moved that Assembly Bill No. 224 be taken from the Chief Clerk's desk and placed on the General File.

    Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

    By the Committee on Judiciary:

    Assembly Bill No. 443—AN ACT relating to controlled substances; providing for an additional penalty for selling or providing certain controlled substances where the use of the controlled substance results in death or substantial bodily harm and the defendant failed to render or seek the necessary medical assistance; and providing other matters properly relating thereto.

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

    Motion carried.

    By the Committee on Transportation:

    Assembly Bill No. 444—AN ACT relating to traffic laws; providing an additional penalty for a violation of certain traffic laws in an area designated as a temporary traffic control zone for construction, maintenance or repair of a highway; requiring prosecution of a failure to comply with signals of flagmen under certain circumstances; providing penalties; and providing other matters properly relating thereto.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 11:14 a.m.

ASSEMBLY IN SESSION

    At 11:16 a.m.

    Mr. Speaker presiding.

    Quorum present.

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

    Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

    Assemblywoman Buckley moved that Assembly Bills Nos. 140, 224, and Senate Bill No. 57 be taken from the General File and placed on the General File for the next legislative day.

    Motion carried.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 11:21 a.m.

ASSEMBLY IN SESSION

    At 11:22 a.m.

    Mr. Speaker presiding.

    Quorum present.

REMARKS FROM THE FLOOR

    Assemblywoman Buckley requested that the following remarks be entered in the Journal.

    Assemblyman Carpenter:

    Thank you, Mr. Speaker. A couple of days ago, everyone was supposed to get their bills introduced. It looked to me like the first day of kindergarten. I appreciate everyone wanting to get their bills in, showing great concern for their constituents. I just think, though, that we really should either do a resolution for the bill drafters or send them roses, something like that, because without them being here to do all that work, we would not have been able to get our bills in.

    I get here quite early in the morning and I leave late at night. I see all the lights on in the building and all the automobiles over there in the parking lot. I think that some of the staff are watching us today, so we at least should give them a real round of applause for their yeoman-like work. We should show them how much we appreciate all their work. Thank you.

    GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

    On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to John Reed and
Greg Phillippi.

    On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Elwin Robison and
Marge Robison.

    On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Donal Hummer.

    On request of Assemblyman Knecht, the privilege of the floor of the Assembly Chamber for this day was extended to Betty Mahoney and
Phyllis Langlois.

    On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Joyce Newman,
Tom Young, and Fred Gibson.

    On request of Assemblyman Perkins, the privilege of the floor of the Assembly Chamber for this day was extended to Leandra Binder.

    Assemblywoman Buckley moved that the Assembly adjourn until Thursday, March 20, 2003, at 10:30 a.m.

    Motion carried.

    Assembly adjourned at 11:22 a.m.

Approved:                                                                Richard D. Perkins

                                                                                  Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly