NEVADA LEGISLATURE

THE THIRTY-SECOND DAY

Carson City (Thursday), March 6, 2003

Assembly called to order at 11:10 a.m.

Mr. Speaker presiding.

Roll called.

All present except Assemblywoman Ohrenschall, who was excused.

Prayer by the Chaplain, Pastor Peggy Locke.

Lord God, behold, You have made the heavens and the earth. By Your great power and outstretched arm, there is nothing too hard for You. There is none like You, O Lord. You are great and Your name is great in might. We commit this day to you, O God, and continue to pray blessing and protection for our great nation, for our president and his family, for all those in authority over us and for our courageous military troops. We love and trust You, Most High, with all of our hearts, soul, mind and strength. For those assembled here, today, may the Lord bless you and keep you. The Lord make His face shine upon you and be gracious to you. The Lord lift up His countenance to you and give you peace.

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 Judiciary, to which was referred Assembly Bill No. 17, 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

MESSAGES FROM THE Senate

Senate Chamber, Carson City, March 5, 2003

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day passed
Assembly Bill No. 39.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

By Assemblymen 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, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber, and Williams; Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O’Connell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington, and Wiener:

Assembly Concurrent Resolution No. 6—Memorializing longtime public servant, Henry “Hank” Etchemendy.

Whereas, On December 18, 2001, the residents of Nevada experienced the loss of fellow Nevadan, Henry “Hank” Etchemendy, whose decades of public service working in various positions of influence throughout Nevada evidenced his love for his home state and its people; and

Whereas, The son of Basque parents, Henry Etchemendy was born October 6, 1923, in Elko, graduated from Elko High School and attended Colorado College at Colorado Springs for 2 years where he majored in civil engineering; and

Whereas, Henry Etchemendy served in the United States Marine Corps at Guadalcanal during World War II and returned to the Corps as an artillery instructor and aerial photography interpreter during the Korean War; and

Whereas, While starting as a building inspector in Elko in 1952, Hank Etchemendy became the first City Manager of Elko in 1955, a position he held for 11 years before moving to Carson City in 1966; and

Whereas, As the first City Manager of Carson City and the last County Manager of Ormsby County, Hank Etchemendy successfully guided those two governments to consolidation in 1969 and continued his work in the Capital City until 1978 when he left to become Reno’s City Manager; and

Whereas, Known as a financial and budgetary expert, his expertise was put to good use as a member of the committee that developed the Local Government Budget Act and also as a member of advisory committees to both the Nevada Tax Commission and the Department of Taxation; and

Whereas, These same talents were apparent when, as an active member of the Nevada League of Cities, Hank helped develop a format to measure the financial health of cities and counties; and

Whereas, As Executive Director of the Nevada Association of School Boards for
15 years, Hank worked tirelessly on behalf of Nevada’s local school districts and his many achievements are reflected in the commonly held sentiment that “the school children of Nevada, now and into the future, are better off because of Hank Etchemendy”; and

Whereas, Hank made similarly valuable contributions during his longtime service as a consultant to the Board of the Nevada Parent Teachers’ Association on legislative issues; and

Whereas, Hank Etchemendy is survived by his wife, Peggy, sons, Larry, Arnold and Bill, several grandchildren, and his sister Mary Guccini; now, therefore, be it

Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 72nd Nevada Legislature express their deep sense of loss and extend their sincere condolences to the family and many friends of Henry “Hank” Etchemendy; and be it further

Resolved, That the kindness, fairness, honesty and commitment of Hank Etchemendy will be remembered by all whose lives have been touched by his public service to the cities and schools of Nevada; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Peggy Etchemendy, Hank’s loving wife of 53 years.

Assemblyman Anderson moved the adoption of the resolution.

Remarks by Assemblymen Anderson, Carpenter, Grady, and Marvel.

Assemblyman Oceguera requested that the following remarks be entered in the Journal.

Assemblyman Anderson:

As a freshman legislator in the 1991 session, my good friend, Doug Byington, introduced me to Hank Etchemendy. He was a representative of the State School Board Association.
We found common ground on educational issues. I soon discovered that he was a rich source of information on a wide variety of public policy issues.

Hank was a Marine and served in the Pacific in World War II as a mortar crewman.
Hank was recalled to train Marines on the mortar when the Korean War came along. Some of the skills Hank learned as a Marine were transferable to his civilian jobs. As a Marine,
Hank was responsible for “laying the mortar” by using an aiming circle, a transit. He would lay the mortar on the right azimuth. This skill was later used during his early public service jobs.

Hank Etchemendy’s experience as a public administrator in Elko, Carson City, and Reno was a tremendous value to him when he dealt with all of us. He had the fantastic ability to recall legislation that had been debated years earlier. He would hustle off to the Research Department and find the necessary information to keep all of us informed.

Hank was a very straightforward and honest person. If he told you something, you could take it to the bank. It is that Basque heritage, that Nevada spirit, that is exemplified by people like Hank Etchemendy. Every session we say, “It is different this session.” Well, for me, and for anyone who knew Hank Etchemendy, this is truly a different session and we will all miss him greatly.

Assemblyman Carpenter:

Thank you, Mr. Speaker. I rise in support of ACR 6. There is no question that
Hank Etchemendy was one of my best friends. We lived right across the street from the Etchemendy family in Elko. Hank used to coach Little League and was always a great person to help the youth. When Hank decided to move to Carson City to become City Manager, Peggy left with him, which was a real void in my wife’s life. She and Peggy got along great and I think they used to drink coffee together every day. I really miss Hank because when I came to the Assembly we had a great time. We had a lot of things in common. He was a Basque and I was a sheepherder. He knew all about those things. We used to go to lunch a lot and we got along great. I really miss him here, because you couldn’t find anyone who had more knowledge than Hank on education, cities, and counties. I want to extend my condolences to Peggy and the boys, and let you know that I miss Hank as much as you do. Hopefully, someday up there, we will be able to play Little League ball with him again.

Assemblyman Grady:

Thank you, Mr. Speaker. I, also, rise in support of ACR 6. Not only did Hank and I share the same birth date of October 6, but I was able to share much of his knowledge in my former capacity as director for the League of Cities. Although he was there many years before I started, many of the things that Hank brought to the League are still carried on today. It is the same way with the counties and the school districts. Like the previous speakers, he was a man that I looked up to and a person that I could call my friend. I appreciate that. Thank you, Mr. Speaker.

Assemblyman Marvel:

Thank you, Mr. Speaker. I, also, rise in support of ACR 6. Like my colleague, I knew Hank from his days in Elko. I watched his career from the City Manager of Elko to Carson City, and around here as a lobbyist for school administrators. Hank was one person you could rely on and his word was his bond. We are all shocked at his very rapid demise. I personally want to extend my sympathies and condolences to Peggy and the family. He is going to be sorely and sadly missed.

Resolution adopted unanimously.

Assemblyman Anderson moved that all rules be suspended and that Assembly Concurrent Resolution No. 6 be immediately transmitted to the Senate.

Motion carried unanimously.

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

Assembly in recess at 11:27 a.m.

ASSEMBLY IN SESSION

At 11:32 a.m.

Mr. Speaker presiding.

Quorum present.

INTRODUCTION, FIRST READING AND REFERENCE

By Assemblymen Collins, Gibbons, Claborn, Horne, Koivisto, Manendo, and Mortenson (by request):

Assembly Bill No. 244—AN ACT relating to rural preservation neighborhoods; eliminating the prospective expiration of provisions for the protection of rural preservation neighborhoods; and providing other matters properly relating thereto.

Assemblyman Collins moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

By Assemblymen Collins, Manendo, Claborn, Gibbons, Goicoechea, Horne, and Mortenson:

Assembly Bill No. 245—AN ACT relating to manufactured home parks; prohibiting a governing body, commission or board authorized to approve the conversion of a manufactured home park into individually owned lots from requiring a change to the existing lot sizes, setbacks and restrictions as a condition of approval for the conversion; revising the period that a landlord who is converting a manufactured home park into individual manufactured home lots is required to hold open an offer to sell a lot to a tenant; prohibiting a landlord from selling a lot to a person other than the tenant for a certain period for a more favorable price or terms than those offered to the tenant; providing that such an offer or certain notice by the landlord does not constitute notice of termination of the tenancy of the tenant; and providing other matters properly relating thereto.

Assemblyman Collins moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

By Assemblymen Oceguera, Anderson, Conklin, Horne, Knecht, Angle, Arberry, Beers, Brown, Buckley, Chowning, Christensen, Claborn, Geddes, Gibbons, Giunchigliani, Goldwater, Griffin, Hettrick, Leslie, Mortenson, Perkins, and Sherer:

Assembly Bill No. 246—AN ACT relating to education; recognizing the establishment of the Center for the Analysis of Crime Statistics at the University of Nevada, Las Vegas; providing that the Center may apply for grants and accepts gifts and donations, and may use such gifts, grants and donations to carry out its duties and functions; and providing other matters properly relating thereto.

Assemblyman Oceguera moved that the bill be referred to the Concurrent Committees on Judiciary and Ways and Means.

Motion carried.

By the Committee on Government Affairs:

Assembly Bill No. 247—AN ACT relating to veterans’ homes; providing for the creation and administration of a trust fund consisting of money belonging to the residents of a veterans’ home; providing for the creation and administration of a reserve cash fund to allow those residents immediate access to their money; providing for the creation and administration of a revolving account for each veterans’ home to be used for the immediate payment of certain expenses of the veterans’ home; authorizing the Executive Director of the Office of Veterans’ Services to transfer money from the Veterans’ Home Account to the revolving accounts under certain circumstances; and providing other matters properly relating thereto.

Assemblyman Manendo moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

By the Committee on Government Affairs:

Assembly Bill No. 248—AN ACT relating to the Charter of the City of North Las Vegas; increasing the term of Office of Municipal Judges; authorizing an increase in salary to be applied during the current term of a Municipal Judge; and providing other matters properly relating thereto.

Assemblyman Manendo moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

By the Committee on Government Affairs:

Assembly Bill No. 249—AN ACT relating to the Public Employees’ Benefits Program; requiring certain agencies to use the amounts specified by the Public Employees’ Benefits Program for coverage by the Program for payroll deductions from the salaries of participating officers and employees; requiring the Public Employees’ Retirement System and each public employer that participates in the Program to provide information to the Program concerning the change in status of an active or retired officer or employee; eliminating the requirement that certain retired persons show evidence of good health as a condition of enrollment in the Program; limiting the subsidy paid by the State of Nevada for retired state officers and employees to years of state service; repealing the prospective expiration of two positions on the Board of the Program; repealing the period of open enrollment for certain retired persons to join the Program; 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 11:36 a.m.

ASSEMBLY IN SESSION

At 11:38 a.m.

Mr. Speaker presiding.

Quorum present.

Assemblyman Manendo moved that the bill be referred to the Concurrent Committees on Government Affairs and Ways and Means.

Motion carried.

By Assemblymen Perkins, Oceguera, Conklin, Horne, Parks, Anderson, Andonov, Arberry, Atkinson, Chowning, Christensen, Collins, Gibbons, Goicoechea, Goldwater, Griffin, Hardy, Hettrick, Knecht, Koivisto, Leslie, Manendo, Marvel, McClain, Mortenson, Pierce, and Weber:

Assembly Bill No. 250—AN ACT relating to public safety; making various changes regarding certain acts relating to terrorism, weapons of mass destruction, biological agents, chemical agents, radioactive agents and other lethal agents, toxins and delivery systems; providing for an increased penalty for felonies committed with the intent to commit certain acts of terrorism; establishing as murder of the first degree murder committed with the intent to commit certain acts of terrorism; establishing for the purposes of the death penalty an aggravating circumstance relating to murders committed with the intent to commit certain acts of terrorism; providing that there is no statute of limitations for prosecution of certain acts relating to terrorism; requiring certain property used to commit certain acts of terrorism to be subject to forfeiture; making various other changes pertaining to certain acts relating to terrorism, weapons of mass destruction, biological agents, chemical agents, radioactive agents and other lethal agents, toxins and delivery systems; providing penalties; requiring resort hotels to adopt emergency response plans; and providing other matters properly relating thereto.

Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.

Motion carried.

By Assemblymen Angle, Knecht, Gustavson, Andonov, Brown, Carpenter, Christensen, Collins, Gibbons, Goicoechea, Griffin, Hardy, Hettrick, Mabey, Marvel, Mortenson, Sherer, and Weber; Senators O’Connell, Cegavske, and Amodei (by request):

Assembly Bill No. 251—AN ACT relating to education; prohibiting an employee or agent of a school district from taking certain actions relating to the use of psychotropic drugs by pupils; authorizing certain employees of a school district to suggest that a pupil be evaluated for placement in a special program; and providing other matters properly relating thereto.

Assemblywoman Angle moved that the bill be referred to the Committee on Education.

Motion carried.

MESSAGES FROM THE Senate

Senate Chamber, Carson City, March 6, 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. 14.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Senate Concurrent Resolution No. 14.

Assemblyman Goldwater moved the adoption of the resolution.

Remarks by Assemblymen Goldwater and Pierce.

Assemblyman Oceguera requested that the following remarks be entered in the Journal.

Assemblyman Goldwater:

Thank you, Mr. Speaker. So often when we do resolutions we refer to the resolution itself and say that it says everything. When we are talking about Dr. Ghanem this happens not to be a case. It barely touches the tip of the iceberg on what Dr. Ghanem has meant to this state and particularly to the City of Las Vegas.

Dr. Ghanem is most well known for treating all the famous people, including Elvis Presley. He is less known, but had more impact, for the thousands upon thousands of people whom he treated with kindness and compassion, and in a lot of cases, for free. His friends didn’t like him; they loved him. A lot of people have great friends, but everyone who met Dr. Ghanem loved him, and he loved them back.

Boxing was a passion of his. He worked for Nevada Athletic Commission through his final days. He worked hard. The sport of boxing in Nevada is a respected sport, not a joke. That is mainly due to his hard work over the years. He exemplified what being an American is. He loved his country a lot, which is why he was so involved in political life. He was so passionate about politics, Democratic and Republican. He was a confidant and friend to presidents as much as he was to a busboy at a local hotel. He is survived by a wonderful family and supported for many years by his lovely wife, Jody, and his brother, Nasser. He had a strong sense of family, even through his younger days. It is appropriate that this Body recognize Dr. Elias Ghanem. It is appropriate that we recognize him in this fashion, knowing that his legacy and what he did for this state will continue. Thank you, Mr. Speaker.

Assemblywoman Pierce:

Thank you, Mr. Speaker. I rise in support of SCR 14. If working people of Nevada had a patron saint of doctors, that patron saint would have undoubtedly been Dr. Elias Ghanem. While many are aware of Dr. Ghanem’s endless charitable contributions to our community and our state, few are aware of Dr. Ghanem’s unwavering support of working people. It is one thing to stand with workers when times are good, and it is another thing to stand with workers who are engaged in a bitter struggle with their employer. Lines get drawn, sides become polarized. Those without moral courage often run for the sidelines, but not Dr. Ghanem. He knew what side he was on. When workers at the Frontier Hotel were forced to strike for 6½ years,
Dr. Ghanem was there for them. He took it upon himself to make sure that no striking worker went without medical care. In fact, during the long conflict more than 80 babies were born to those workers. Every mother, every delivery, every baby, received free medical care thanks to Dr. Ghanem. During the midst of that strike, ten strikers marched from Las Vegas to
Los Angeles, 250 miles across the desert, to draw national attention to their struggle.
Dr. Ghanem would drive out and meet the marchers to tend to their badly blistered feet. For those striking workers who often thought no one cared about them, Dr. Ghanem was and remains a saint.

Resolution adopted unanimously.

INTRODUCTION, FIRST READING AND REFERENCE