THE EIGHTY-SIXTH DAY
Carson City (Tuesday), April 29, 2003
Assembly called to order at 11:08 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Knecht, who was excused.
Prayer by the Chaplain, Pastor Marlene Wendell.
Psalm 118:24-25 says: “This is the day the Lord has made; we will rejoice and be glad in it. Save now, I pray, O Lord: O Lord, I pray, send now prosperity.” Heavenly Father, we enter into your gates with thanksgiving and into Your courts with praise. We rejoice in this day that You have made! We give you all the glory, honor, and praise. You, Father God, have told us Your names which reveal Your attributes, Your character and Your nature so that we know you more intimately. You revealed Yourself to Abraham, the father of faith, as El Shaddai, the Almighty God, the All-sufficient One.
We look to You as the All-sufficient One for Your help for every one of these leaders. Thank You for a spirit of unity among these leaders, resulting in great accomplishments during this legislative session for prosperity of the people of the state of Nevada. As You spoke to Abraham, we make it our faith declaration also: You, Almighty God, are our shield and our exceedingly great reward. Thank You, Father God. In Jesus’ Name, we pray.
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 Commerce and Labor, to which were referred Senate Bills Nos. 133, 350, 395, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
David Goldwater, Chairman
Mr. Speaker:
Your Committee on Health and Human Services, to which was referred Senate Bill No. 412, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Ellen Koivisto, Chairman
Mr. Speaker:
Your Concurrent Committee
on Health and Human Services, to which was referred
Senate Bill No. 301, has had the same under consideration, and begs leave to
report the same back with the recommendation: Do pass.
Ellen Koivisto, Chairman
Mr. Speaker:
Your Committee on Judiciary, to which was referred Senate Bill No. 65, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on
Judiciary, to which was referred Senate Bill No. 397, has had the same under
consideration, and begs leave to report the same back with the recommendation:
Do pass.
Bernie Anderson, Chairman
Mr. Speaker:
Your Committee on Natural Resources, Agriculture, and Mining, to which were referred Senate Bills Nos. 172, 201, 484; Senate Joint Resolutions Nos. 1, 2, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Tom Collins, Chairman
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 28, 2003
To the Honorable the Assembly:
I have the honor to inform
your honorable body that the Senate on this day passed
Assembly Bills Nos. 175, 189, 247, 468, 531.
|
Mary Jo Mongelli |
|
Assistant Secretary of the Senate |
MOTIONS, RESOLUTIONS AND NOTICES
By Assemblymen Buckley, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber, and Williams; Senators Titus, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O’Connell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Townsend, Washington, and Wiener:
Assembly Concurrent Resolution No. 15—Memorializing longtime advocate for senior citizens, Clarence Edwin “Ed” Fend, Jr.
Whereas, The members and staff of the Nevada Legislature were recently saddened to learn of the death of Ed Fend on November 24, 2002; and
Whereas, Clarence Edwin “Ed” Fend, Jr., was born in Butler, Pennsylvania, on May 22, 1928, to loving parents who bestowed upon him a strong sense of family and patriotism; and
Whereas, Shortly after his graduation from high school in 1946, Ed Fend enlisted in the United States Navy and, over the next 9 years, advanced through the enlisted ranks and earned the title of Electronics Technician First Class; and
Whereas, Ed Fend’s strong love of country prompted him to enroll in Officer Candidate School in May 1955, and he was commissioned as Ensign and eventually rose to the rank of Captain; and
Whereas, During his military career,
Captain Fend was commander of the USS Cree
ATF-84 and the USS Sample DE-1048 and heroically served in the
Korean War, the Vietnam War, and other campaigns, earning him the Legion of
Merit, the Meritorious Service Medal, the Bronze Star Medal, the Navy Good
Conduct Medal, and the Combat Action Ribbon; and
Whereas, After his retirement from the Navy in 1981, Captain Fend advocated for the welfare of senior citizens in Nevada as a lobbyist for the American Association of Retired Persons and as a legislatively appointed member of the Task Force for the Fund for a Healthy Nevada; and
Whereas, Ed Fend was known for his genteel demeanor and his ever-present smile, and was respected for his informed and concise testimony regarding issues important to seniors; and
Whereas, Ed Fend is survived by his wife, Jacki H. Fend, and his children, John E. Fend, James I. Fend, and Debora B. McElroy; 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 express their heartfelt sympathy and sincere condolences to the family and friends of Captain Clarence Edwin Fend; and be it further
Resolved, That Captain Fend’s memory as a devoted husband, father and friend, his dedication to our country and his strong advocacy for senior citizens in our State will never be forgotten; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Captain Fend’s loving wife, Jacki.
Assemblywoman Buckley moved the adoption of the resolution.
Remarks by Assemblymen Buckley, Ohrenschall, Goldwater, Chowning, and Giunchigliani.
Assemblyman Williams requested that the following remarks be entered in the Journal.
Assemblywoman Buckley:
Thank you, Mr. Speaker. I didn’t know Ed Fend as a wartime veteran, a fighter for our country, or the wonderful husband and father that he was. I knew him as a fighter in these halls. I first met Ed in 1995 when I had a bill to create more affordable housing. He walked up to me and said, “Boy, I love your bill. What can I do to help?” He was the only person to love that bill that session. Lots of people didn’t like it, but Ed was there next to me fighting. He fought hard for every issue that he thought would help seniors. The term “lobbyist” sometimes is derided, but Ed was a wonderful lobbyist, a nonprofit lobbyist, with AARP. He fought for affordable housing, affordable health care, and prescription drug coverage. He wasn’t afraid to voice an opinion even when others were afraid. Ed saw problems with the first version of the Senior Rx Program. There wasn’t anyone willing to say maybe it was not affordable, except Ed. He spoke up when others were afraid to because it was the right thing. We will miss Ed. I think if we do anything but learn from his passion, courage, and his never-failing advocacy, that legacy can remain in parts of us, and we will do a good tribute to Ed Fend.
Assemblywoman Ohrenschall:
Thank you, Mr. Speaker. I think that the Majority Leader has covered most everything that I was going to say. Ed Fend, the man that I knew, was there ready to pitch in to every righteous battle for anyone that needed it, whether an organized group or one individual. He gave of his own time, unstintingly, not just for the organization that he represented. The organization was wonderful and he was devoted to AARP, but he did not hesitate to give of his personal time when anyone needed it. I urge this Assembly to pass this resolution.
Assemblyman Goldwater:
Mr. Speaker, thank you. I rise in strong support of ACR 15. We are in a window of time where we are losing, in America, our greatest generation. Those of us who are observant of that would observe that Ed Fend epitomizes the greatest generation as well as anybody. His was a selfless, modest dedication to service at all levels. He had success in family, government service, military service, advocacy service, and at all levels. If you knew him around these halls, you would have never known how well he did. He was a great man whose heart was in the right place and he followed his heart. It is sad as we lose our greatest generation, but it is nice to be reminded of what these men and women have done for us and that they have brought us to where we are now. Thanks to people like Ed, we can continue to progress from where they brought us.
Assemblywoman Chowning:
Thank you, Mr. Speaker. I, too, stand in support of ACR 15. Through the years Ed brought the voice of the seniors, loud and clear, to me and to each and every one of us. We never, ever forgot about the seniors because Ed wouldn’t let us forget about the seniors. There is a gentleman in southern Nevada who said to me, “I work with Ed and I will be talking to you at various times about senior issues.” That is all the lead-in that he needed to provide the credibility that I needed. I thank the family for loaning him to us all those times, and I thank him for his service to our country and to our state.
Assemblywoman Giunchigliani:
Thank you, Mr. Speaker. I, too, rise in support of ACR 15. I think things have been said quite well. I always appreciated seeing Ed first thing in the morning and the smile on his face. He was a big man, so he had a big presence. His smile would start your day off in the right way, which I always appreciated. To conclude, I would say that Ed epitomized community spirit and he truly was a soldier to the end. He was a soldier, not only in war, but he was a soldier, and had the backs of every retiree and senior citizen in this state. He will be missed dearly. Thank you.
Resolution adopted unanimously.
Assemblywoman Buckley moved that all rules be suspended and that Assembly Concurrent Resolution No. 15 be immediately transmitted to the Senate.
Motion carried unanimously.
general file and third reading
Senate Bill No. 28.
Bill read third time.
Remarks by Assemblywoman Koivisto.
Roll call on Senate Bill No. 28:
Yeas—41.
Nays—None.
Excused—Knecht.
Senate Bill No. 28 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 88.
Bill read third time.
Remarks by Assemblyman Gustavson.
Roll call on Senate Bill No. 88:
Yeas—41.
Nays—None.
Excused—Knecht.
Senate Bill No. 88 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Manendo moved that Senate Bill No. 113 be taken from the General File and placed on the Chief Clerk’s desk.
Remarks by Assemblyman Manendo.
Motion carried.
Assemblywoman Chowning moved that Senate Bill No. 276 be taken from the General File and re-referred to the Committee on Ways and Means.
Remarks by Assemblywoman Chowning.
Motion carried.
Assemblyman Parks moved that Senate Bill No. 334 be taken from the Chief Clerk’s desk and placed on the General File.
Remarks by Assemblyman Parks.
Motion carried.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, April 29, 2003
To the Honorable the Assembly:
I have the honor to inform
your honorable body that the Senate on this day adopted
Senate Concurrent Resolution No. 30.
MOTIONS, RESOLUTIONS AND NOTICES
Senate Concurrent Resolution No. 30.
Assemblyman Grady moved the adoption of the resolution.
Remarks by Assemblymen Grady and Chowning.
Resolution adopted unanimously.
general file and third reading
Senate Bill No. 96.
Bill read third time.
Remarks by Assemblymen Hardy and Giunchigliani.
Roll call on Senate Bill No. 96:
Yeas—41.
Nays—None.
Excused—Knecht.
Senate Bill No. 96 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 110.
Bill read third time.
Remarks by Assemblyman McCleary.
Roll call on Senate Bill No. 110:
Yeas—41.
Nays—None.
Excused—Knecht.
Senate Bill No. 110 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 128.
Bill read third time.
Remarks by Assemblywoman Buckley.
Roll call on Senate Bill No. 128:
Yeas—41.
Nays—None.
Excused—Knecht.
Senate Bill No. 128 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 174
Bill read third time.
Remarks by Assemblyman Goldwater.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:51 a.m.
ASSEMBLY IN SESSION
At 11:54 a.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Goldwater moved that Senate Bill No. 174 be taken from the General File and placed on the Chief Clerk’s desk.
Remarks by Assemblyman Goldwater.
Motion carried.
general file and third reading
Senate Bill No. 232.
Bill read third time.
Roll call on Senate Bill No. 232:
Yeas—41.
Nays—None.
Excused—Knecht.
Senate Bill No. 232 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 286.
Bill read third time.
Remarks by Assemblyman Brown.
Roll call on Senate Bill No. 286:
Yeas—41.
Nays—None.
Excused—Knecht.
Senate Bill No. 286 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 300.
Bill read third time.
Remarks by Assemblyman Carpenter.
Roll call on Senate Bill No. 300:
Yeas—41.
Nays—None.
Excused—Knecht.
Senate Bill No. 300 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 334.
Bill read third time.
Remarks by Assemblymen Parks and Buckley.
Roll call on Senate Bill No. 334:
Yeas—41.
Nays—None.
Excused—Knecht.
Senate Bill No. 334 having received a two-thirds majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Assembly Bills Nos. 6, 19, 42, 111, 139, 140, 145, 177, 201, 302, and 306.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblywoman Buckley, the privilege of the floor of the Assembly Chamber for this day was extended to Bruce Siri, Meriam Siri, David Piel, Dee Piel, and Jacki Fend.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Bob Walsh.
On request of Assemblyman
Grady, the privilege of the floor of the Assembly Chamber for this day was
extended to Nancy Carr, Joseph E. Dini, Jr., Mouryne Dini, Dennis Carr, Gene
Carr, Kevin Carr, Kathy Carr,
Steven Carr, Janet Clark, Dianna Hennessey, Cathie Kite, Kelly Kite,
Linda Rudy, Karen Steele, and Tom Walburn.
On request of Assemblyman
Hardy, the privilege of the floor of the Assembly Chamber for this day was
extended to David Corbaci,
Elaine Corbaci, Mara Dooley, Lee Esplin, Marianne Oliver,
Marcella Posthuma, Dominick Rodriguez, John Abrajano, Cindy Allen, Katrina
Corbaci, Mariah Crow/Larkin, Tyler Daviau, Taylor Hopkins,
Joshua Hulford, Jessica Johnson, Erin Keely, Deirdre Lowry, Erin Oliver,
Kimberlee Perry, Josiah Rodriguez, James Seiter, Marquela Waldo,
Felicia Walker, and Chelsea Wasden.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Betty Jacobsen.
Assemblywoman Buckley moved that the Assembly adjourn until Wednesday, April 30, 2003, at 11:00 a.m.
Motion carried.
Assembly adjourned at 12:06 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon