THE EIGHTY-FIFTH DAY
Carson City (Monday), April 28, 2003
Assembly called to order at 11:22 a.m. in the old Assembly Chambers at the historic Capitol Building.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Marlene Wendell.
God’s Holy Word, the Bible, tells us the proper protocol for entering into the highest court in all the universe. Psalms 100:4-5: “Enter into His gates with thanksgiving and into His courts with praise. Be thankful to Him, and bless His Name. For the Lord is good; His mercy is everlasting, and His truth endures to all generations.” Heavenly Father, we enter into Your gates with thanksgiving in our hearts. Our hearts are full of gratitude and thanksgiving for the privilege of coming into Your Holy Presence. You are such an awesome God. “For the Lord is good; His mercy is everlasting.” We praise You for Your goodness and Your truth. You are worthy to be praised.
In Hebrews 4:16, You have invited us to fearlessly and confidently and boldly to draw near to the throne of grace, the throne of God’s unmerited favor; that we may receive mercy and find grace to help in good time for every need—appropriate help and well-timed help, coming just when you need it.
These legislators, who are giving of their time, effort, energy, ability, and wisdom need Your mercy and grace today. Included in Your grace is favor, power, might, wisdom—the blessings of God; everything we need to fulfill our calling. Based on Your Word, we release our faith and receive a fresh supply of Your mercy and grace right now today for the important tasks at hand. We give You praise for the impartation of wisdom, coming from You, the Omniscient One, to each of them. We believe You for Your protection on each one of them and their families, for You have declared that You are a shield for us and the One who lifts up our heads. We ask You to empower them and give them Your supernatural energy and strength. We ask it all in the precious and Holy Name of the Lord Jesus Christ.
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.
SECOND READING AND AMENDMENT
Senate Bill No. 28.
Bill read second time and ordered to third reading.
Senate Bill No. 72.
Bill read second time and ordered to third reading.
Senate Bill No. 110.
Bill read second time and ordered to third reading.
Senate Bill No. 128.
Bill read second time and ordered to third reading.
Senate Bill No. 173.
Bill read second time and ordered to third reading.
Senate Bill No. 174.
Bill read second time and ordered to third reading.
Senate Bill No. 232.
Bill read second time and ordered to third reading.
Senate Bill No. 276.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Senate Bill No. 72 be taken from the General File and re-referred to the Committee on Ways and Means.
Remarks by Assemblyman Anderson.
Motion carried.
Assemblyman Manendo moved that Senate Bill No. 173 be taken from the General File and re-referred to the Committee on Ways and Means.
Remarks by Assemblyman Manendo.
Motion carried.
general file and third reading
Assembly Bill No. 341.
Bill read third time.
Remarks by Assemblymen Oceguera, Knecht, and Buckley.
Roll call on Assembly Bill No. 341:
Yeas—41.
Nays—Beers.
Assembly Bill No. 341 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 381.
Bill read third time.
Remarks by Assemblywoman Leslie.
Roll call on Assembly Bill No. 381:
Yeas—42.
Nays—None.
Assembly Bill No. 381 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 470.
Bill read third time.
Remarks by Assemblyman Marvel.
Roll call on Assembly Bill No. 470:
Yeas—42.
Nays—None.
Assembly Bill No. 470 having received a constitutional
majority,
Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:52 a.m.
ASSEMBLY IN SESSION
At 11:53 a.m.
Mr. Speaker pro Tempore presiding.
Quorum present.
Assembly Bill No. 493.
Bill read third time.
Remarks by Assemblymen Goldwater and Angle.
Roll call on Assembly Bill No. 493:
Yeas—41.
Nays—Angle.
Assembly Bill No. 493 having received a constitutional
majority,
Mr. Speaker pro Tempore declared it passed.
Bill ordered transmitted to the Senate.
Senate Bill No. 84.
Bill read third time.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Koivisto moved that Senate Bill No. 84 be taken from the General File and placed on the Chief Clerk’s desk.
Remarks by Assemblywoman Koivisto.
Motion carried.
general file and third reading
Senate Bill No. 87.
Bill read third time.
Remarks by Assemblyman Carpenter.
Roll call on Senate Bill No. 87:
Yeas—42.
Nays—None.
Senate Bill No. 87 having received a constitutional majority, Mr. Speaker pro Tempore declared it passed.
Bill ordered transmitted to the Senate.
Mr. Speaker pro Tempore announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 12:04 p.m.
ASSEMBLY IN SESSION
At 12:05 p.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblywoman Buckley moved that Senate Bills Nos. 88, 96, 113, 286, and 300 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
REMARKS FROM THE FLOOR
Assemblywoman Buckley moved that the following proclamation be entered in the Journal:
PROCLAMATION OF THE NEVADA STATE ASSEMBLY
WHEREAS, April 28, 2003, marks the first floor session of the Nevada Assembly in its former Chambers in the historic State Capitol Building since the Legislature adjourned sine die 34 years and 4 days ago, on April 24, 1969; and
WHEREAS, The earliest sessions of Nevada’s Territorial and State Legislatures, from 1861 through 1869, were conducted in Carson City in either hotels or the original Ormsby County Courthouse, which led Assemblyman John S. Mayhugh, of Aurora in Esmeralda County, to introduce legislation providing for the erection of a State Capitol Building, which was passed after waves of legislative protest and signed into law on February 23, 1869; and
WHEREAS, The Capitol Building in Carson City served as the home of the Nevada State Legislature for nearly 100 years and 51 regular sessions, from the 5th Regular Session in 1871 through the 55th Regular Session in 1969; and
WHEREAS, A century of change and challenge in Nevada was addressed in these Chambers every two years (including one annual session in 1960), during which time the State’s population experienced sharp increases and decreases depending on the fortunes of mining and the price of minerals, ranging from a total state population of just over 42,000 in both 1870 and 1900, to 488,738 in 1970; and
WHEREAS, The number of Assembly members in these Chambers, which was originally called the Assembly Hall, ranged from a high of 53 in the sessions of 1913 and 1915, to a low of 30 members in the sessions of 1893 through 1899; and
WHEREAS, Women first
graced these Chambers as elected members when
Mrs. Sadie D. Hurst was elected to the Assembly from Washoe County in
1918 and served during the 1919 Session with distinction; and
WHEREAS, As the 1969 Session neared its end, the Speaker of the Assembly noted that despite the excellent design, quality of building materials, and stately beauty of the Capitol Building, the State and its legislative requirements had outgrown the Assembly and Senate Chambers that had served so well; and
WHEREAS, It was with feelings of gratitude and respect for the past and hopes for the future that Assembly Speaker Howard F. McKissick, Jr., a native Nevadan and distinguished attorney from Reno, bid farewell to these Chambers on the last night of the 55th Legislative Session, on April 24, 1969, by stating, “Let us then hold fast to the memory of those who went before us and, grateful that we have had an opportunity to participate in events that have taken place here, let us go forward with confidence to our new duties in our new Assembly Chamber in the soon-to-be-completed Legislative Building . . . (and) let us take with us the same pioneer spirit of all the Assemblymen of the state of Nevada who have helped shape our destiny, the willingness to enforce what is just, and the courage to change what is wrong”; now, therefore, be it
PROCLAIMED, That the members of the Nevada State Assembly of the 72nd Session look back with deep pride and appreciation on the hard work, courage, and vision of all those men and women who served the people of the state of Nevada as members of the Nevada Assembly in the Capitol Building; and be it further
PROCLAIMED, That Nevada’s rich political history and heritage must be treasured, preserved, and brought back to life periodically through celebrations such as today’s historic Floor Session in the former Chambers of the Nevada Assembly in the State Capitol Building.
Assemblywoman Buckley requested that the following remarks be entered in the Journal:
Nevada State Archivist Guy Rocha:
In 1969, when the last Floor Session of the Nevada Assembly met in this Chamber after meeting for virtually 100 years in the historic state capitol, I was preparing to graduate from Clark High School in Las Vegas. Little would I know that Assemblywoman Vonne Chowning, our Spanish teacher at Clark High School, and I would meet again under these wonderful and historic circumstances. Hola, mi maestra!
With the retirement of the
Honorable Joe Dini from the State Assembly, there is conspicuously no member of
the Assembly in this Chamber today who served in the
1969 session. According to the legislative manual, most of you were alive 34
years ago when the Assembly last met in the old Chambers. However, five of you
who now serve in the Assembly were born in 1969, and one of you hadn’t arrived
yet: Walter Andonov, Kelvin Atkinson, Chad Christensen, Marcus Conklin, David
Goldwater, and the baby, Josh Griffin.
There are currently 42
members of the Assembly and with the recent expansions of the current Legislative
Building, with Arizona and North Carolina, one of three free-standing
legislative buildings in the nation, you enjoy commodious surroundings. Can you
imagine
53 members of the Assembly in 1913 squeezed into these Chambers, “cheek by
jowl,” before it was expanded to its current size in 1915? This room was half
this size with 53 members. Would you believe the remodel bill to expand the
wings of the Capitol was lost on third reading in the Assembly, and was passed
only after a motion was made to reconsider and several more days of argument?
What does that say about a long-standing tradition of fiscal conservatism in
Nevada?
In that vein, we are fortunate to be able to conduct this Floor Session in the old Assembly Chambers today. In 1955, it was agreed that the State Capitol be torn down and four modern buildings constructed on the Capitol Grounds to conduct the State’s business. With the completion of the Blasdel Building next door, the 1957 Legislature decided no more modern buildings like the Blasdel Building be constructed and that the State Capitol should be saved for posterity. The Capitol sustained a major seismic retrofit and renovation in the late 1970s and early 1980s. Thank goodness for historic preservation and archival records; we are once again here to do the State’s business and celebrate Nevada’s colorful history.
Speaking of political history, I would be remiss if I didn’t share with you the names of the members of the Assembly who served in this Chamber and went on to serve as governor and members of Congress. Governors of Nevada who served in the Assembly and sat in the old Assembly Chambers include: Fred B. Balzar, Esmeralda County, 1905; Richard Kirman, Ormsby County, 1899, who was elected at the tender age of 21; Charles H. Russell, White Pine County, 1935, 1937, 1939; and Richard H. Bryan, Clark County, 1969.
Nevada members of the U.S.
House of Representatives who served in the Assembly and sat in the old Assembly
Chambers include: Thomas Wren, Eureka County, 1875; Clarence D.
Van Duzer, Humboldt County, 1901; Charles L. Richards, Nye County, 1919;
Berkeley Bunker, Clark County, 1937, 1939, who was Speaker, and would go on to
the U.S. Congress;
Charles H. Russell, White Pine County, 1935, 1937, 1939; Walter S. Baring,
Washoe County, 1937; and Harry M. Reid, Clark County, 1969.
Nevada U.S. Senators who
served in the Assembly and sat in the old Assembly Chambers included: George
S. Nixon, Humboldt County, 1891, the community of Nixon on the Pyramid Lake
Reservation is named for the Senator; William A. Massey, Elko County, 1893;
Charles B. Henderson, Elko County, 1905, for whom the city of Henderson is
named;
Patrick A. McCarran, Washoe County, 1903, for whom Las Vegas’ International
Airport is named; Berkeley L. Bunker, Clark County, 1937, 1939; Ernest S.
Brown, Washoe County, 1933; Harry M. Reid, Clark County, 1969; and Richard H.
Bryan, Clark County, 1969.
There have also been two
other U.S. Senators of note that spoke in this Chamber during 1960, the only
annual session in modern Nevada history, and when the population was a mere
285,000 residents. The two prominent Senators running for the Democratic
nomination for the U.S. President spoke in this Chamber were John Fitzgerald
Kennedy of Massachusetts, who spoke on February 1, 1960, and Hubert H. Humphrey
of Minnesota, who spoke on February 9, 1960.
Vice president Nixon, running for the Republican presidential nomination, was
invited to speak to the Legislature; however, he sent his regrets that he could
not accommodate another engagement after presiding over the opening of the
Squaw Valley Winter Olympics on
February 18, 1960.
In closing, I want to
share with you the story behind the 1895 statute, now NRS 331.190, that
prohibits the sale, gift, or disposal of liquor in the Capitol. Prior to this
law being passed, the most lucrative concession in Carson City was running the
bar, or “the well” as it was commonly known, in the Capitol during the
legislative session. Prodigious amounts of alcohol were consumed during the course
of the legislative process. Reformers were concerned about the example set for
Nevadans and apparently the quality of the legislation. In 1893,
Senator John Forbes, of Esmeralda County, introduced Senate Bill 14, “an act to
prohibit the sale of intoxicating liquors in the state capitol.” Violation of
the proposed law was a misdemeanor and included a fine not to exceed $100
and/or imprisonment not to exceed 50 days. The bill easily passed the Senate
with a vote of 11 yeas and 2 nays. However, the Assembly in this Chamber, and
presumably some of its members under the influence, killed the anti-well bill
by a vote of 16 against and 13 for. Undaunted, the reformers returned to fight
another day.
In 1895, Assemblyman J. I. Wilson of Lyon County introduced Assembly Bill 14, “an act to prohibit the sale of ardent spirits within the Capitol Building of the State of Nevada.” The misdemeanor penalty associated with this proposed legislation included a fine of not less than $100 and not exceeding $500, or be imprisoned in the county jail for not less than one month and not exceeding six months. Although the bill received a “do pass” from the Assembly Committee on Public Morals, and a petition from the Women’s Christian Temperance Union, who were praying for the passage of Assembly Bill 14, presented and read on February 5, the bill was apparently lost by a tie vote. Assemblyman S. L. McNaughten of Esmeralda County gave notice that on the next legislative day he would move a reconsideration of the vote. The Assembly voted to reconsider the bill on February 6 and after much parliamentary maneuvering and an amendment to the bill proposed by J. A. Conboie of Storey County, Assembly Bill 14 passed the Assembly on February 8 by a vote of 26 to 3 and 1 absent.
Annie Hudnall Martin, pioneer owner and editor of the Carson City News, wrote, “McNaughten moved a reconsideration of the vote by which the ‘anti-well’ bill was lost the preceding day. He did not pose as a prohibitionist but urged the passage of this bill for the benefit of the rising generation and in the interest of good morals and decency and all that was respectable and commendable. The motion to reconsider was carried by a vote of 16 to 11. When the bill came up for the final vote Constant moved for indefinite postponement. Lost. The motion to make the bill a specific order for Monday was lost. Conboie moved to amend by having the bill take effect after April 1, 1895. Amendment adopted and the whole proceeding thus turned into a farce.”
The Senate easily passed the bill and Governor John E. Jones signed it. The Women’s Christian Temperance Union’s prayers were answered, the 1895 Legislature, because of the amendment, could spend the rest of the session drinking, and beginning in 1897, legislators were compelled to walk across the street to patronize Carson City’s bars and saloons and to do their drinking. Now you know the story as to why we are not drinking in the old Assembly Chambers today. Thank you and cheers. Here is to a memorable day in the history of Nevada.
Assemblyman Hettrick:
Thank you, Mr. Speaker. I would just like to say thank you. We appreciate you doing this. I want to express from all the members that it is a thrill for us to sit in this Body on this special occasion. Being in this Body and in this room, I think about the history and soul of the state of Nevada. I congratulate you in your effort for getting this done. The printed materials on the desk are wonderful and I think we should give the Speaker a round of applause.
Mr. Speaker requested the privilege of the Chair for the purpose of making the following remarks:
I sincerely appreciate that, Mr. Hettrick. However, my part was just a thought. I think we owe to the many, many staff hours that were put into this, everything from gathering the appropriate desks and looking at the photos, to seeing how the placement of the room needed to be. The Sergeant at Arms staff, Mr. Sullivan, the Front Desk staff, everyone involved from the Legislative Building—they brought everything here, including all the recording equipment that you see, to memorialize this event. They are the ones that truly, truly need the thanks, and I think they deserve an even larger round of applause.
I
would note, as well, that I think I saw Congresswoman Vucanovich and Ms.
Cafferata leave earlier. Maybe Governor Guinn slipped out as well. We had the
Governor here; the Secretary of State is still with us. Senator Jacobsen,
former Speaker, it is good to have you here.
Ms. Segerblom, it has been a little while but we are glad to see you as well as
often as we can here in Carson City. Mr. Swackhamer, also a former Speaker and
Secretary of State, and so many other accomplishments in a long list, is with
us also. And, of course, the inestimable Speaker Dini. Joe, we couldn’t have
done it without you. It is good to have all of you with us today. Thanks for
being with us.
Assemblywoman Buckley:
Thank you, Mr. Speaker. I just want to add my thanks to everyone else to the Speaker for arranging this day. I was pretty surprised to find out just a short while ago when I was named Majority Leader by the Speaker, that I’m the first woman in the history of the state of Nevada to be a majority leader. So, this is the first opportunity that a female majority leader ever had the opportunity to speak up in these Chambers. I would like to thank you, Speaker Perkins, for giving me the opportunity, as well as Speaker Joe Dini. Without the two of you, I wouldn’t have received this appointment. So, thank you.
Assemblyman Williams:
Thank you, Mr. Speaker. I would like to give remarks as well. Of course, Ms. Buckley was appointed the first female majority leader in the State’s history. At the same time, Mr. Speaker, you had the vision, courtesy, and wherewithal to appoint me as the first African-American Speaker pro Tempore in the State’s history. Having the opportunity to serve today in this building is an honor. You’ll notice on the proclamation, the date of the first female to serve in this Body and in this building. Prior to today, there was never an African-American to serve the State as Speaker pro Tempore in this room. To be able to meet back in here for the first time, along with my other colored colleagues, is the first time an African-American has graced this room as a presiding officer. To be able to preside today, Mr. Speaker, I am very grateful for that. I think of all the history here, regardless of how colorful it is, how crushed would they be, if with all of our great history, that we did not continue to legislate for the great State that we all know that it is. Thank you, Mr. Speaker.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblywoman
Chowning, the privilege of the floor of the Assembly Chamber for this day was
extended to Gene Segerblom and
Jackie Valley.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Kathy Collins.
On request of Assemblyman Geddes, the privilege of the floor of the Assembly Chamber for this day was extended to Mike Fleiner.
On request of Assemblyman Grady, the privilege of the floor of the Assembly Chamber for this day was extended to Mary Bean and Pat Grady.
On request of Assemblyman Hardy, the privilege of the floor of the Assembly Chamber for this day was extended to James E. Inman.
On request of Assemblyman
Knecht, the privilege of the floor of the Assembly Chamber for this day was
extended to Kathy Knecht,
Karyn Knecht, and Christena Jensen.
On request of Assemblywoman Ohrenschall, the privilege of the floor of the Assembly Chamber for this day was extended to Frank Daykin and James Ohrenschall.
On request of Assemblyman
Perkins, the privilege of the floor of the Assembly Chamber for this day was
extended to Guy Rocha,
Lorne Malkiewich, Bob Erickson, Joseph E. Dini, Jr., Mouryne Dini,
Dana Bennett, Bob Nylen, Ron James, William D. Swackhamer,
David Howard, Lawrence E. Jacobsen, Joseph Bananno, Jessica Bananno, and Kim
Foster.
Assemblywoman Buckley moved that the Assembly adjourn until Tuesday, April 29, 2003, at 11:00 a.m.
Motion carried.
Assembly adjourned at 12:14 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon