NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL
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THE ONE HUNDRED AND FORTY-FIRST DAY
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Carson City (Monday), June 9, 1997

Assembly called to order at 11:14 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Carpenter, who was excused.
Prayer by the Chaplain, Al Fry.
Eternal Creator. You have created each of us powerfully and uniquely. You have bestowed upon us special gifts, talents and responsibilities. It is because of Your divine providence that these men and women find themselves in positions of leadership in this august and distinguished body. As they face the myriad of decisions that will affect the men, women and children of this great state, now and in the years to come, fill them with Your wisdom. Help them to lay aside their own personal agendas and fill them with Your guidance and power. Fill them with love and humility.

Amen.

Pledge of allegiance to the Flag.

Assemblyman Perkins 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, to which was referred Assembly Bill No. 321, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and re-refer to the Committee on Ways and Means.

Richard Perkins,

Chairman

Mr. Speaker:
Your Committee on Commerce, to which was referred Assembly Bill No. 440, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Richard Perkins,

Chairman

Mr. Speaker:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 289, 349, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Douglas A. Bache,

Chairman

Mr. Speaker:
Your Committee on Judiciary, to which were referred Assembly Bills Nos. 242, 419, 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

MOTIONS, RESOLUTIONS AND NOTICES

By Assemblymen Von Tobel, Amodei, Anderson, Arberry, Bache, Berman, Braunlin, Buckley, Carpenter, Cegavske, Chowning, Close, Collins, de Braga, Dini, Ernaut, Evans, Freeman, Giunchigliani, Goldwater, Gustavson, Herrera, Hettrick, Hickey, Humke, Koivisto, Krenzer, Lambert, Lee, Manendo, Marvel, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Perkins, Price, Sandoval, Segerblom, Tiffany and Williams:
Assembly Concurrent Resolution No. 40--Commending the 1997 National Collegiate Athletic Association Division I Tennis Champions, Luke Smith and Tim Blenkiron.
Whereas, The National Collegiate Athletic Association Division I Tennis Championships are prestigious competitions and the winning of NCAA titles a highly coveted honor; and
Whereas, On May 25, 1997, Luke Smith, a senior at the University of Nevada, Las Vegas, took home the NCAA Division I men's singles title, becoming the first unseeded player to win the title since 1991; and
Whereas, On the same day, Luke Smith and Tim Blenkiron, also a senior at UNLV, teamed up to win the NCAA Division I men's doubles title; and
Whereas, The outstanding coaching efforts of UNLV Tennis Coach Larry Easley helped to make these victories and the strong appearance of UNLV at the NCAA Championships possible; and
Whereas, Luke Smith is only the third UNLV men's tennis player to earn a position in the NCAA Championships and only the second to win a match in the competition; and
Whereas, Throughout the entire singles competition, Luke Smith did not lose a set; and
Whereas, Luke Smith obtained a rare double crown, claiming both the singles and doubles title in the same year, a feat accomplished only one other time in the past 20 years; and
Whereas, The team of Tim Blenkiron and Luke Smith was not seeded in the tournament and became the first unseeded NCAA doubles champion since 1989; and
Whereas, Over the 5 days of competition, Tim Blenkiron and Luke Smith lost only one set; and
Whereas, It was the first appearance by Tim Blenkiron in the NCAA Championships, and Luke Smith has been a part of every doubles team from UNLV to participate in the competition; and
Whereas, These victories earned UNLV its first NCAA tennis titles and are the fifth and sixth NCAA titles ever won by UNLV athletes; and
Whereas, Through these victories, both men have earned themselves automatic berths at the U.S. Open Tennis Tournament this August; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th session of the Nevada Legislature do hereby commend Luke Smith and Tim Blenkiron for their fabulous victories at the 1997 NCAA Division I Tennis Championships; and be it further
Resolved, That the members of this body further recognize the strong coaching of UNLV Tennis Coach Larry Easley in the achievement of these victories; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to tennis champions Luke Smith and Tim Blenkiron and Coach Larry Easley.
Assemblywoman Von Tobel moved the adoption of the resolution.
Remarks by Assemblymen Von Tobel, Chowning, Cegavske and Price.
Assemblywoman Von Tobel requested that the following remarks be entered in the Journal.
Assemblywoman Von Tobel:
Thank you, Mr. Speaker. Assembly Concurrent Resolution 40 honors UNLV Tennis Coach Larry Easley and men's tennis members Luke Smith and Tim Blenkiron. The two tennis championships are only the fifth and sixth NCAA titles for UNLV.
Luke Smith obtained a rare double crown. In the last 20 years of the NCAA Championships, the same player has claimed the singles and doubles titles in the same year only once.
This was Tim Blenkiron's first appearance ever in the NCAA Tournament. Tim, a three-year, all-conference performer, entered his senior year at UNLV with the most career single victories--48--on the team.
Assemblywoman Chowning:
Thank you, Mr. Speaker. I rise in support of ACR 40. These young men and the coach are a source of pride for UNLV. When I was a student--just a couple years ago--UNLV was Nevada's southern university. That was in the early days of the tennis team, so they've come a long way, and I'd like to offer my congratulations.
Assemblywoman Cegavske:
Thank you, Mr. Speaker. I rise in support of ACR 40, and I want to congratulate Luke, Tim and Coach Easley for a job well done. You are the pride of Nevada, and I want to thank you very much. Tennis is one of my favorite sports, and I wish I could have been there to watch you. Congratulations and thank you.
Assemblyman Price:
Thank you, Mr. Speaker. It is with great pleasure that I also rise in support of the resolution. I'm sure all of you realize that not only we in the legislature, but all of Nevada, is very, very proud of your accomplishments, and we thank you very much.
Assemblywoman Von Tobel:
I'd like to introduce and present the certificates and tell you a little bit about the players. Luke Smith was born October 25, 1976. He graduated from Adelaide High School in Australia. He is the son of Peter and Bronwyn Smith. His parents are both teachers. His father is also a tennis coach and was a mentor of Aussie great, John Fitzgerald. Luke spent summers in Sweden playing tournaments. He majored in fine arts. Luke had set a goal to reach the NCAA in both singles and doubles.
Tim Blenkiron was born November 26, 1975, in Woodside, Australia. The son of Kingsley and Mary-Anne Blenkiron, he has one brother, and both of his parents are teachers. He is majoring in hotel administration, and he has spent his summers in Sweden. He set a goal to help win the WAC title this season.
It shows when young men set their sights high what they can do.
Coach Larry Easley was born in Bakersfield, California. He has coached for 31 years and coached number-one ranked Pete Sampras from the time he was eight until he was 15 years old. He has coached five National Juniors. With a very long distance phone call, Coach Larry Easley laid the groundwork for UNLV to win its first NCAA Tennis Championship, Australian-style.
Could you join me in congratulating them?
Resolution adopted.
Assemblywoman Von Tobel moved that all rules be suspended and that Assembly Concurrent Resolution No. 40 be immediately transmitted to the Senate.
Motion carried unanimously.

By Assemblymen Hickey, Dini, Hettrick, Von Tobel, Ernaut, Mortenson, Lambert, Williams, Amodei, Freeman, Neighbors, de Braga, Humke, Tiffany, Close, Cegavske, Nolan, Marvel, Braunlin, Berman, Carpenter, Sandoval and Gustavson:
Assembly Concurrent Resolution No. 41--Commending Dr. James K. Gentry for his contributions to the Donald W. Reynolds School of Journalism at the University of Nevada, Reno.
Whereas, Dr. James K. Gentry joined the faculty of the University of Nevada, Reno, in 1992, after almost 15 years at the University of Missouri School of Journalism where he was an associate and an assistant professor; and
Whereas, While employed at the University of Missouri School of Journalism, Dr. Gentry was twice elected Chairman of the Editorial Department and was also Assistant Director of the University's Honors College; and
Whereas, Under the leadership of Dr. Gentry, the Donald W. Reynolds School of Journalism is now recognized as a leader in the integration of emerging digital technologies into journalism instruction and in the application of critical thinking throughout the curriculum; and
Whereas, Dr. Gentry received his Ph.D. in journalism from the University of Missouri in 1993, giving his dissertation on a case study analysis of the ramifications of introducing a major change into a daily newspaper; and
Whereas, Dr. Gentry works frequently with newspapers to bring about organizational change intended to improve the quality of management and to improve business news coverage; and
Whereas, Dr. Gentry is a member of the Accrediting Committee of the Accrediting Council for Education in Journalism and Mass Communications; and
Whereas, With the help of funding from the American Press Institute, Dr. Gentry has analyzed change activities at newspapers that have taken the lead in new approaches in their newsrooms and in the paper as a whole, and his research has resulted in a changed process model that is used at conferences organized by the American Press Institute and at a number of newspapers; and
Whereas, In the past 2 years, Dr. Gentry has spoken at 10 seminars sponsored by the American Press Institute on change, newsroom leadership and critical/creative thinking, and he is one of the few academics who regularly speaks at such seminars; and
Whereas, Dr. Gentry has also been involved in newspaper change activities for 8 years as a facilitator for "New Directions for News," a creativity think tank at the University of Missouri School of Journalism; and
Whereas, Dr. Gentry was the first Executive Director of the Society of American Business Editors and Writers and under his guidance this organization grew from 124 members to over 1,100 members; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th Session of the Nevada Legislature do hereby commend Dr. James K. Gentry for the 5 dedicated years in which he has served as Dean of the Donald W. Reynolds School of Journalism and Center for Advanced Media Studies; and be it further
Resolved, That the Nevada Legislature extends its best wishes to Dr. Gentry as he continues his career in journalism as the Dean of the William Allen White School of Journalism and Mass Communications at the University of Kansas, which has one of the strongest journalism programs in the nation; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Dr. James K. Gentry.
Assemblyman Hickey moved the adoption of the resolution.
Remarks by Assemblymen Hickey and Evans.
Resolution adopted.
Assemblyman Hickey moved that all rules be suspended and that Assembly Concurrent Resolution No. 41 be immediately transmitted to the Senate.
Motion carried unanimously.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 573--An Act relating to wildlife; authorizing the board of wildlife commissioners to accept sealed bids for or to auction a certain number of wild turkey tags each year; and providing other matters properly relating thereto.
Assemblywoman de Braga moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.
Motion carried.

By the Committee on Ways and Means:
Assembly Bill No. 574--An Act relating to public welfare; requiring the welfare division of the department of human resources to continue to contract with certain primary care case management contractors; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.

By the Committee on Government Affairs:
Assembly Bill No. 575--An Act relating to the state seal; designating official colors for reproductions and facsimiles of the state seal; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

By the Committee on Government Affairs:
Assembly Bill No. 576--An Act relating to state securities; allowing certain agencies authorized to issue bonds to delegate the authority to sign contracts or accept binding bids for bonds to the state treasurer under certain circumstances; transferring certain duties relating to the issuance and redemption of state securities from the state board of examiners to the state board of finance; repealing certain requirements relating to the public sale of state securities; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.

GENERAL FILE AND THIRD READING

Assembly Bill No. 11.
Bill read third time.
Remarks by Assemblymen Buckley and Arberry.
Assemblyman Arberry moved that Assembly Bill No. 11 be re-referred to the Committee on Ways and Means.
Motion carried.

Assembly Bill No. 178.
Bill read third time.
Remarks by Assemblymen Buckley, Chowning, Price, Ernaut, Manendo, Lambert, Tiffany, Giunchigliani and Collins.
Roll call on Assembly Bill No. 178:
Yeas -- 30.
Nays -- Berman, Cegavske, Ernaut, Gustavson, Hettrick, Hickey, Marvel, Neighbors, Sandoval, Tiffany, Von Tobel --11.
Excused -- Carpenter.
Assembly Bill No. 178 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 233.
Bill read third time.
Remarks by Assemblyman Arberry.
Roll call on Assembly Bill No. 233:
Yeas -- 41.
Nays -- None.
Excused -- Carpenter.
Assembly Bill No. 233 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 235.
Bill read third time.
Remarks by Assemblywoman Giunchigliani.
Roll call on Assembly Bill No. 235:
Yeas -- 41.
Nays -- None.
Excused -- Carpenter.
Assembly Bill No. 235 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 365.
Bill read third time.
Remarks by Assemblymen Collins, Nolan and Parks.
Conflict of interest declared by Assemblyman Parks.
Potential conflict of interest declared by Assemblyman Nolan.
Roll call on Assembly Bill No. 365:
Yeas -- 40.
Nays -- None.
Not voting -- Parks.
Excused -- Carpenter.
Assembly Bill No. 365 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 388.
Bill read third time.
Remarks by Assemblymen Price and Freeman.
Roll call on Assembly Bill No. 388:
Yeas -- 41.
Nays -- None.
Excused -- Carpenter.
Assembly Bill No. 388 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 447.
Bill read third time.
Remarks by Assemblymen Krenzer and Giunchigliani.
Roll call on Assembly Bill No. 447:
Yeas -- 41.
Nays -- None.
Excused -- Carpenter.
Assembly Bill No. 447 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.

Assembly Bill No. 475.
Bill read third time.
Remarks by Assemblymen Buckley, Hickey, Anderson, Price, Perkins, Segerblom, Bache and Ohrenschall.
Roll call on Assembly Bill No. 475:
Yeas -- 24.
Nays -- Anderson, Chowning, Collins, de Braga, Ernaut, Gustavson, Hettrick, Hickey, Humke, Krenzer, Lambert, Marvel, Mortenson, Neighbors, Nolan, Price, Von Tobel--17.
Excused -- Carpenter.
Assembly Bill No. 475 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.

Assembly Bill No. 484.
Bill read third time.
Remarks by Assemblymen Buckley, Hettrick and Ernaut.
Conflict of interest declared by Assemblyman Hettrick.
Assemblywoman Buckley moved that Assembly Bill No. 484 be taken from the General File and placed on the Chief Clerk's desk.
Motion carried.

MESSAGES FROM THE SENATE

Senate Chamber, Carson City, June 9, 1997

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. 48.

Mary Jo Mongelli

Assistant Secretary of the Senate

MOTIONS, RESOLUTIONS AND NOTICES

Senate Concurrent Resolution No. 48.
Assemblyman Anderson moved the adoption of the resolution.
Remarks by Assemblyman Anderson.
Resolution adopted.

Assemblyman Perkins moved that the Assembly recess subject to the call of the Chair.
Motion carried.

Assembly in recess at 12:39 p.m.

ASSEMBLY IN SESSION

At 12:40 p.m.
Madam Speaker pro Tempore presiding.
Quorum present.

REMARKS FROM THE FLOOR

Assemblyman Dini requested that his remarks be entered in the Journal.
Thank you, Madam Speaker pro Tempore. I have a matter of serious importance to this body that we need to discuss--our upcoming softball game with our colleagues down the hall.
I was reading the Senate Journal about two weeks ago in which the Majority Leader put in the Journal his statement concerning the game. I would request that my statement concerning the game be placed in our Journal. I was dismayed to read that the distinguished Majority Leader of that body was casting aspersions on this House. As you know, our biennial softball game is soon to be upon us, and we will have the opportunity to correct that horrific inequity from last session in which we were robbed of our trophy. We were robbed of the trophy on more than one occasion, as you may recall. You may also recall, as even the distinguished Majority Leader was forced to do, that the real hero of the 1995 trophy wars was our then-chief clerk, now retired and happily married, who repaired the trophy and showed the good judgment to return it to its rightful owners. Thank you, Mouryne.
Let's look ahead now to this year's game. Contrary to the geriatric delusions of the Majority Leader, the other House does not have a prayer this year. One only has to look around this Chamber to see that our players are younger, stronger, more physically and mentally fit, and better looking, and for those reasons, we will prevail over our aged colleagues down the hall.
As you may remember--and as the Senate Majority Leader has likely by now forgotten, but mentioned in his inane remarks--some time ago, in what I consider a shameful lack of decorum, the senators stole our trophy and left in its place a dead chicken. This august body would certainly never stoop to such a low tactic. However, I do believe the senators may have arrived this morning to find a subtle reminder of what they will be after the game--dead ducks. Now, we would never stoop to their level and hang in their Chambers a rubber fowl. The dead duck presented to the senators today is fuzzy and purple and very hip--but he is still very dead. Very dead. Hanging by his neck from a bright orange scarf. And if this was not enough to give them the idea of what they are about to become, this definition was attached:
Dead duck--a noun--A Nevada senator who is foolish enough to participate in a game of softball against the younger, more vigorous, infinitely more attractive, members of the Nevada Assembly.
Ladies and gentlemen, I hope they get the message. If they don't, I'm sure they will on June 16 when they are annihilated on the ball field. Good luck to all of you who are playing for all of us, and the rest of us will be rooting for you from the sidelines.
Quack.
Your Fair-Feathered Friend in the Real Legislative House.

Madam Speaker pro Tempore requested the privilege of the Chair for the purpose of making the following remarks:
Our Chief Clerk reminds us today that love does seem to be in the air. Over the weekend, we had two marriage proposals: Becky Lawson, of the Sergeant-at-Arms office, and Brian Harris, and Becky's response to the proposal was "yes;" further, Bonnie Borda, our Journal Clerk, and Craig Hoffecker, of the Legal Division, and Bonnie's answer was "yes."

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

On request of Assemblyman Amodei, the privilege of the floor of the Assembly Chamber for this day was extended to Andrew Deacy, Joshua Borinaga, Erik Edwards, John Rowton and Elliott Edwards.

On request of Assemblyman Bache, the privilege of the floor of the Assembly Chamber for this day was extended to Deborah Cochran.

On request of Assemblywoman Braunlin, the privilege of the floor of the Assembly Chamber for this day was extended to Teri Brown.

On request of Assemblyman Hickey, the privilege of the floor of the Assembly Chamber for this day was extended to James Gentry, Mary Beth Gentry and Johnmin Hickey.

On request of Assemblyman Manendo, the privilege of the floor of the Assembly Chamber for this day was extended to Dee Burdell and Don Carlson.

On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Kae Pohe, Liz Pohe and Bert Hansen.

On request of Assemblywoman Tiffany, the privilege of the floor of the Assembly Chamber for this day was extended to Aja Fegert.

On request of Assemblywoman Von Tobel, the privilege of the floor of the Assembly Chamber for this day was extended to Luke Smith, Tim Blenkiron and Larry Easley.

Assemblyman Perkins moved that the Assembly adjourn until Tuesday, June 10, 1997 at 11 a.m.
Motion carried.

Assembly adjourned at 12:52 p.m.

Approved:

Joseph E. Dini, Jr.

Speaker of the Assembly

Attest: Linda B. Alden
Chief Clerk of the Assembly