THE THIRTIETH DAY
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Carson City (Tuesday), February 18, 1997
Assembly called to order at 11:15 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, The Reverend Ken Haskins.
Our loving Heavenly Provider, You have provided every good and perfect gift making life abundant and rich. We acknowledge our dependence upon You. We do therefore invoke Your presence and beseech You to provide the insight, wisdom and all else necessary for these servants of Yours to perform well their work this day. 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.
Douglas A. Bache,
Chairman
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 125, 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. 101, 102, 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 Judiciary, to which was referred Assembly Bill No. 82, has had the same under consideration, and begs leave to report the same back with the recommendation: Re-refer to the Committee on Government Affairs.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Committee on Taxation, 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: Do pass.
Robert E. Price,
Chairman
Carson City, Nevada, February 14, 1997
The Honorable Joseph E. Dini, Jr., Speaker of the Assembly, Legislative Building, Carson City, Nevada 89710
Dear Mr. Speaker:
American Legion National Commander Joseph J. Frank requests permission to address the Nevada State Legislature at 11:00 a.m. on Tuesday, April 22, 1997. This date coincides with his official visit to The American Legion Department of Nevada.
Would you please advise my office if Commander Frank's request can be granted? Thank you.
Sincerely yours,
Robert W. Spanogie
National Adjutant
Assemblywoman Cegavske moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assemblyman Anderson moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 11:21 a.m.
At 11:23 a.m.
Mr. Speaker presiding.
Quorum present.
Assemblywoman Von Tobel moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblymen Buckley, Ohrenschall, Anderson, Perkins, Close, Arberry, Giunchigliani, Amodei, Segerblom, Mortenson, Evans, Krenzer, Williams, Manendo, Koivisto, Chowning, Collins, Price, Nolan, Carpenter, Hickey, Neighbors, Marvel, Parks, Cegavske, Sandoval and Hettrick:
Assembly Bill No. 178--An Act relating to motor vehicles; providing a right to rescind a contract for the sale of a used vehicle under certain circumstances; and providing other matters properly relating thereto.
Assemblywoman Buckley moved that the bill be referred to the Committee on Commerce.
Motion carried.
By the Committee on Natural Resources, Agriculture, and Mining:
Assembly Bill No. 179--An Act relating to hazardous materials; authorizing the division of environmental protection of the state department of conservation and natural resources to designate highly hazardous substances by regulation; requiring the division to coordinate and administer certain federal programs; clarifying the motor vehicles for which a permit to transport hazardous materials must be obtained; 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 Assemblymen de Braga, Carpenter, Neighbors, Segerblom and Humke:
Assembly Bill No. 180--An Act relating to wildlife violations; excluding certain permits issued by the division of wildlife of the state department of conservation and natural resources from provisions governing demerit points for wildlife violations; 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 Transportation:
Assembly Bill No. 181--An Act relating to traffic laws; deleting the provision which limits the issuance of a citation for a person's failure to wear a safety belt in a motor vehicle to vehicles halted for other offenses; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Transportation:
Assembly Bill No. 182--An Act relating to motor vehicles; reducing the maximum lawful rate of speed for certain vehicles; making a fine mandatory for transporting certain children without using restraining devices; removing an exemption from the prohibition concerning window tinting; providing a penalty; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Elections, Procedures, and Ethics:
Assembly Bill No. 183--An Act relating to public welfare; requiring payment by counties of the nonfederal share of expenditures for certain medically indigent persons covered by the state plan for assistance to the medically indigent; and providing other matters properly relating thereto.
Assemblywoman Giunchigliani moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen Nolan and Anderson:
Assembly Bill No. 184--An Act relating to the Nevada highway patrol; providing for a leave of absence with pay in lieu of compensation for an industrial injury or occupational disease for certain members of the Nevada highway patrol; and providing other matters properly relating thereto.
Assemblyman Nolan moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assemblyman Bache moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 11:30 a.m.
At 11:32 a.m.
Mr. Speaker presiding.
Quorum present.
Assemblyman Nolan moved that Assembly Bill No. 184 be referred to the Committee on Government Affairs.
Motion carried.
Assemblyman Neighbors moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Price, Von Tobel, Close, Carpenter, Herrera, Parks, Koivisto, Anderson, Hettrick, Chowning, Goldwater, Krenzer, Cegavske, Humke, Dini, Lambert, Sandoval, Manendo, Marvel, Mortenson, Lee, Braunlin, Segerblom, Berman, Freeman, Bache, Nolan, Ernaut, Collins, Gustavson, Giunchigliani, Perkins, Buckley, Amodei, Neighbors, Tiffany, Ohrenschall, Williams, de Braga, Evans and Arberry:
Assembly Bill No. 186--An Act relating to the state legislature; requiring the immediate disclosure on the weekly list of bill draft requests of the name of the legislator who requests the preparation of a legislative measure; and providing other matters properly relating thereto.
Assemblyman Price moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Herrera, Goldwater, Perkins, Buckley, Anderson, Bache, Hettrick, Giunchigliani, Freeman, Parks, Braunlin, Koivisto, Lee, Gustavson, Cegavske, Mortenson, Collins, Chowning, Price, Williams, Krenzer, Amodei, Arberry, Dini, Berman, Nolan, Manendo, Evans, Hickey, Carpenter, Segerblom, Ernaut, Marvel, de Braga, Neighbors, Close, Ohrenschall and Von Tobel:
Assembly Bill No. 187--An Act relating to education; requiring the boards of trustees of school districts in certain counties to establish an oversight committee for the construction and repair of school buildings; prescribing the membership and duties of the committee; and providing other matters properly relating thereto.
Assemblyman Herrera moved that the bill be referred to the Committee on Infrastructure.
Motion carried.
Assembly Bill No. 78.
Bill read second time and ordered to third reading.
Assembly Bill No. 98.
Bill read second time and ordered to third reading.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:41 a.m.
At 11:51 a.m.
Mr. Speaker presiding.
Quorum present.
Assembly Bill No. 22.
Bill read third time.
Remarks by Assemblyman Herrera.
Roll call on Assembly Bill No. 22:
Yeas--41.
Nays--None.
Absent--Ernaut.
Assembly Bill No. 22 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 40.
Bill read third time.
The following amendment was proposed by Assemblywoman Giunchigliani:
Amendment 15.
Amend sec. 3, page 2, by deleting lines 29 through 32 and inserting:
"281.581 [A willful failure to file a statement of financial disclosure as required by the provisions of NRS 281.561 and 281.571 or regulations adopted thereunder is a misdemeanor.]
1. Except as otherwise provided in subsection 2, a candidate or public or judicial officer who violates any of the provisions of NRS 281.561 or 281.571 or regulations adopted pursuant to those sections is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorney's fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the commission in a court of competent jurisdiction and deposited with the state treasurer for credit to the state general fund.
2. If a civil penalty is imposed because the candidate or public or judicial officer failed to file his statement of financial disclosure or amended statement of financial disclosure in a timely manner pursuant to NRS 281.561, the amount of the civil penalty is:
(a) If the statement is filed not more than 7 days late, $25 for each day the statement is late.
(b) If the statement is filed more than 7 days late but not more than 15 days late, $175 for the first 7 days, plus $50 for each additional day the statement is late.
(c) If the statement is filed more than 15 days late, $575 for the first 15 days, plus $100 for each additional day the statement is late.".
Amend the title of the bill, third line, by deleting: "providing a penalty;" and inserting: "eliminating the criminal penalty for willful failure to file a statement of financial disclosure; establishing a civil penalty for failure to file in a timely manner certain statements of financial disclosure;".
Assemblywoman Giunchigliani withdrew the amendment.
Remarks by Assemblywoman Giunchigliani.
Motion carried.
Roll call on Assembly Bill No. 40:
Yeas--42.
Nays--None.
Assembly Bill No. 40 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 72.
Bill read third time.
Remarks by Assemblyman Bache.
Conflict of interest declared by Assemblyman Sandoval.
Potential conflicts of interest declared by Assemblymen Lambert and Collins.
Roll call on Assembly Bill No. 72:
Yeas--41.
Nays--None.
Not voting--Sandoval.
Assembly Bill No. 72 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 89.
Bill read third time.
Remarks by Assemblyman Nolan.
Roll call on Assembly Bill No. 89:
Yeas--42.
Nays--None.
Assembly Bill No. 89 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Thank you, Mr. Speaker. It is indeed a sad week when we lose people like Ms. Ohrenschall's mother and Katherine Simmons. I have lived in Las Vegas for my entire life; my family has been there since the early 1950s and have been Nevadans since the early 1900s. This loss represents the passing of an era where you see people who were truly giants in the community--truly recognized--pass. Their passing is important to note as we recognize our own mortality and the changing nature of our state and our cities. Those states and cities are made up of people, which is truly the important infrastructure, and when these people pass, it is important to remember who they were, what they represented, and that they had made a significant contribution to our cities and to our state.
Thank you for the opportunity.
Chief Clerk:
This is an article from the Las Vegas Sun newspaper regarding the death of Katherine Simmons, a long-time friend of Mr. Goldwater and his family.
Long-time Las Vegas resident Katherine Simmons, an avid golfer who hosted parties attended by famous athletes and entertainers, has died at the age of 80.
She died Wednesday at Columbia Sunrise Hospital and Medical Center.
Born August 28, 1916, in Winsboro, Louisiana, Simmons and her husband, Cecil, moved to Las Vegas 40 years ago from Dallas. He became casino manager at the Desert Inn, where he worked from the 1950s to the early 1970s.
Toni Clark, widow of Desert Inn founder Wilbur Clark, remembered Simmons as being "very vivacious, very bubbly."
"She had a Southern accent that was very cute," Clark said. "She used to play quite a bit of golf at the Desert Inn Country Club. She loved the golf tournaments that they had there."
When the country club hosted the annual Professional Golfers Association tournaments, Simmons invited many of the top touring pros for parties at her house on the golf course.
Among those who attended were golfers Jack Nicklaus, Arnold Palmer, Miller Barber and Doug Sanders. Super Bowl quarterback Joe Namath and Hall of Fame baseball pitcher Don Drysdale also appeared.
Entertainers such as Phil Harris, Alice Faye, Harry James, Betty Grable, and Sonny King also showed up at her parties.
During New Year's Day parties, Simmons would serve her guests Southern fried chicken, candied yams, sweet potatoes, black eyed peas, and corn bread.
Clark recalled that Simmons once sold her home to billionaire Kirk Kirkorian, and then bought it back.
"She was a fun person," Clark said. "She just loved life."
Simmons belonged to both the Desert Inn and Las Vegas country clubs. She also was affiliated with the American Red Cross and with St. Jude's Ranch For Children in Boulder City.
She is survived by her husband. Services are private, and entombment will be in Dallas. Arrangements are being handled by Palm Mortuary in Las Vegas. Donations may be made to St. Jude's Ranch For Children in Boulder City.
On request of Assemblyman Carpenter, the privilege of the floor of the Assembly Chamber for this day was extended to Danielle Kohler and Frank Molitor.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Cindy DuClos and Judy Mosby.
On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Kathleen Seline.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Leslie Kohler.
On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Kathleen Kuretich and Larry Kuretich.
Assemblyman Perkins moved that the Assembly adjourn until Wednesday, February 19, 1997 at 10:45 a.m., and that it do so in memory of Maria Pintos.
Motion carried.
Assembly adjourned at 12:12 p.m.
Approved: Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly