Carson City (Friday), March 23, 2001

    Assembly called to order at 10:48 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present except Assemblymen Arberry, Beers, Hettrick, Oceguera and Ohrenschall, who were excused.

    Prayer by the Chaplain, Pastor Monte Fast.

    Eternal God, may we be granted the grace of becoming rich in relationships over material, being first in extending the hand of reconciliation, fulfilling that second great commandment of loving our neighbor as we love ourselves, placing service above self.


    Pledge of allegiance to the Flag.

    Assemblywoman Buckley 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.


Senate Chamber, Carson City, March 22, 2001

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day passed Assembly Joint Resolution No. 2.

    Also, I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 14.

Mary Jo Mongelli

Assistant Secretary of the Senate


    By Assemblymen Dini, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams; Senators Amodei, Jacobsen, Raggio, Care, Carlton, Coffin, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:

    Assembly Concurrent Resolution No. 15—Memorializing former Assemblyman John Frank Giomi.

    Whereas, The members of the Nevada Legislature note with sadness the passing of native Nevadan and former Assemblyman, John Frank Giomi, on June 17, 2000; and

    Whereas, Born in Mason Valley on March 6, 1917, to Frank and Cherubina Bennetti Giomi and remaining a lifetime resident of Lyon County, John Giomi attended rural schools in the valley and graduated from Yerington High School; and

    Whereas, After graduating from the University of Nevada in 1941 with a degree in agriculture, John Giomi was employed with the United States Soil Conservation Service until he was drafted into the United States Army in 1942; and

    Whereas, During his time with the military, John Giomi fought in the Battle of the Bulge, was taken prisoner, later to be liberated by the English, and was honorably discharged from the service in 1945; and

    Whereas, Upon his return to Nevada, John Giomi and his brother, Joe, purchased the Central Mercantile in Smith Valley and, after selling the store in 1954 but retaining the equipment portion of the business, John opened Ace Hardware in Yerington in 1969 which he operated along with several family members until his retirement in 1995; and

    Whereas, John Giomi’s dedication to serving the residents of Lyon County found expression in many ways, including 25 years of service as a volunteer fireman as well as service on the District Fire Board, the Lyon County Drug and Alcohol Council, the Yerington Senior Center Board and the Lyon County Draft Board; and

    Whereas, Other community involvement by John Giomi included teaching agriculture to returning World War II veterans, coaching Little League baseball, membership in the Yerington and Smith Valley Rotary Clubs, and 52 years of service as a member of the Veterans of Foreign Wars; and

    Whereas, John Giomi was elected to the Nevada State Assembly in 1954 and represented the residents of Lyon County for seven regular legislative sessions and three special legislative sessions until he was succeeded by Joseph E. Dini, Jr., in 1967; and

    Whereas, During his years of service in the Nevada State Assembly, John Giomi served on numerous committees, including the Education Committee, the Fish and Game Committee, the Legislative Functions Committee, the Livestock Committee, the Mines, Mining and Public Lands Committee, the Roads, Transportation and Aviation Committee, the Social Welfare Committee, the Taxation Committee, the Veterans’ Affairs Committee and, most notably, the Agriculture and Irrigation Committee, serving as its Chairman in 1955, 1959, 1960, 1963 and 1965; and

    Whereas, As an Assemblyman, John Giomi introduced and was instrumental in gaining passage of legislation on a variety of issues, including agricultural chemical regulation, livestock, federal water rights, veterans’ affairs and education funding; and

    Whereas, John Giomi is survived by his wife, Jere, daughter, Patti Dohoney, and son, Joe, all of Yerington, son, John of Fallbrook, California, brother, Joe of Smith Valley, and four grandchildren; now, therefore, be it

    Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 71st session of the Nevada Legislature express their heartfelt sympathy to the family and friends of former Assemblyman John Frank Giomi; and be it further

    Resolved, That John Giomi will long be remembered for his rich legacy of service to the people of Lyon County and to the State of Nevada; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Jere, John Giomi’s beloved wife of 50 years.

    Assemblyman Dini moved the adoption of the resolution.

    Remarks by Assemblyman Dini.

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

    Assemblyman Dini:

    Ladies and gentlemen of the House, John Giomi was a legend in our community. He grew up in Mason Valley and attended Yerington High School and graduated from UNR in 1941 with a degree in Agriculture. I think his brother Joe and he played some football at UNR, too. I shouldn’t say UNR. I think it was UN, then, the University of Nevada.

    John was a war hero in World War II. He fought in the Battle of the Bulge and was taken prisoner. He was released by the English after being imprisoned for six months in a war camp.  He and his brother Joe purchased the Central Mercantile in Smith Valley, upon the end of the war. They had a John Deere dealership for many years, there, as well. The Giomi operations have always been one of a family, working together. John told me many times that he could not have served in the Assembly for those seven terms, had it not been for his brother and his wife, Jere. They would take over for him, so he could leave and serve in these hallowed chambers we have here.

    Since his retirement from politics, he operated the Ace Hardware in Yeringtion, also with his wife, his son and his daughter. John and Jere were very big fans of the San Francisco Giants. They always attended spring training. I imagine Jere’s missing this year down in Tucson. I know he had been in Rotary a long, long time. I’d say it was close to 50 years that he was a Rotarian. Forty-eight years in the Smith Valley/Yerington Rotary clubs. He was very devoted to his community. He was a strong member of the Veterans organizations in the state. He was a 52-year member of the Veterans of Foreign Wars in Nevada.

    When he was serving in the Assembly, he was a strong leader for Veterans Affairs, in these Chambers. A lot of legislation is on the books today because of his efforts to help the Veterans in our state. He served as chairman of the Agriculture and Irrigation committees five times. He also served once as Speaker pro Tempore. He’s championed legislation dealing with agricultural chemical regulation, livestock issues, water rights. He knew water rights backwards and forwards. He was a leader in education and funding.

    I remember in 1966, when he announced he wasn’t going to run again for his seat, I dashed to see him and asked him if he meant that. I didn’t think he would ever quit. He assured me he wasn’t going to run. I certainly wasn’t going to run against him; I’d still be at the starting gate if I had done that. That launched me into my political career, when he retired. I’m proud of the fact I followed him. He had 14 years; when I get done with this term I’ll have 36 years. A couple of old Democrats have had that district for 50 years. That is a long time for one party to control one district. I don’t think John ever thought I was a good Democrat, though. He kind of thought I was a Republican in disguise. He was a true Democrat. He had a great reputation on people issues. I learned from him. He educated me as we went along.

    When I got to be Speaker pro Tempore in 1973, he saw me one day and handed me his Mason’s Manual that he had when he was Speaker pro Tempore. I still have it and I cherish that, I really do.

    He was a man of great compassion. He was a great family man, deeply devoted to his wife Jere and his family. He loved his country. He loved this state. He loved Lyon County. Mostly, he loved his family. We’ll never forget John, for he was a wonderful person. He meant a lot to everyone that knew him and everyone that touched him. He was really, truly, a great American and a great Nevadan. Thank you.

    Resolution adopted unanimously.

    Assemblyman Dini moved that all rules be suspended and that Assembly Concurrent Resolution No. 15 be immediately transmitted to the Senate.

Motion carried unanimously.

Notice of Exemption

    The Fiscal Analysis Division, pursuant to Joint Standing Rule 14.6, has determined the exemption of Assembly Bills Nos. 15, 19, 31, 35, 52, 53, 58, 73, 75, 80, 90, 109, 115, 120, 122, 124, 134, 139, 141, 146, 147, 166, 174, 177, 178, 184, 188, 196, 206, 214, 221, 222, 224, 228, 230, 232, 241, 244, 250, 297 and 300.


    By the Committee on Natural Resources, Agriculture, and Mining:

    Assembly Bill No. 546—AN ACT relating to air pollution; revising the provisions governing the distribution and use of administrative fines imposed for certain violations relating to air pollution; and providing other matters properly relating thereto.

    Assemblyman de Braga moved that the bill be referred to the Committee on Natural Resources, Agriculture, and Mining.

    Motion carried.

    By the Committee on Judiciary:

    Assembly Bill No. 547—AN ACT relating to securities; making various changes to provisions governing securities; increasing the licensing fees for broker-dealers, sales representatives, investment advisers and representatives of an investment adviser; making various changes to provisions governing the authority of the administrator of the securities division of the office of the secretary of state in licensing matters; and providing other matters properly relating thereto.

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

    Motion carried.

    By the Committee on Judiciary:

    Assembly Bill No. 548—AN ACT relating to administrative assessments; revising provisions governing the eligibility of certain agencies to receive a distribution of proceeds from administrative assessments to include the advisory council for prosecuting attorneys; and providing other matters properly relating thereto.

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

    Motion carried.

        By the Committee on Government Affairs:

    Assembly Bill No. 549—AN ACT relating to water systems; increasing the amount of general obligation bonds that the state board of finance may issue to provide grants to publicly owned water systems for capital improvements; and providing other matters properly relating thereto.

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

    Motion carried.

    By the Committee on Judiciary:

    Assembly Bill No. 550—AN ACT relating to mental health; restricting the authority of a mental health facility to override a client’s refusal of antipsychotic medication; making various changes to procedures for the detention and civil commitment of mentally ill persons; and providing other matters properly relating thereto.

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

    Motion carried.


    Assembly Bill No. 267.

    Bill read second time.

    The following amendment was proposed by the Committee on Ways and Means:

    Amendment No. 87.

    Amend sec. 2, page 2, line 45, by deleting “Enter” and inserting:

“When sufficient funding is available for this purpose, enter”.

    Amend the bill as a whole by deleting sec. 3 and renumbering sec. 4 as sec. 3.

    Amend the title of the bill, third line, by deleting:

“making an appropriation;”.

    Assemblywoman Giunchigliani moved the adoption of the amendment.

    Remarks by Assemblymen Giunchigliani and de Braga.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.


    Assemblywoman Buckley moved that Assembly Bills Nos. 13, 29, 219; Assembly Joint Resolution 13 of the 70th Session; Senate Bills Nos. 7, 16, 29 and 37 be taken from the General File and placed on the General File for the next legislative day.

    Motion carried.


Signing of Bills and Resolutions

    There being no objections, the Speaker and Chief Clerk signed Assembly Bill No. 107; Assembly Concurrent Resolution No. 13; Senate Concurrent Resolution No. 22.


    On request of Assemblywoman Chowning, the privilege of the floor of the Assembly Chamber for this day was extended to Paul Pate.

    On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Louise Tanneheimer, Joan M. Lemere, Rose Irwin, Jean Baker, Joyce Marshall, Carrie Townley Porter, Carol Clanton, Catherine Sanders, Alice G. Downee, Cherry L. Jones, Patricia J. McNeill, Fran Feinhandler, Sally Zanjani, Shirley Giodacchini, Shirley Fraser, Wanda Brown, Gail F. Hacker, Sarah Britt, Gertrude Gottschald, Kathy Allred, Georgia Hettrick, Patricia Tripple, Holly Van Valkenburgh, Dixie Westergard and Isabel Espinoza.

    On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Jere Giomi, Patricia Dohoney, Joe Giomi, John Giomi, Anna Belle Giomi, Diane Lawrence, Loreha Safford, Dorman Patten, Trevor John Smith and Jenica Campbell.

    On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Lance Barnett.

    On request of Assemblywoman Smith, the privilege of the floor of the Assembly Chamber for this day was extended to Jessica Penley.

    Assemblywoman Buckley moved that the Assembly adjourn until Monday, March 26, 2001 at 11:00 a.m. in memory of Robert Laxalt.

    Motion carried.

    Assembly adjourned at 11:19 a.m.

Approved:Richard D. Perkins

Speaker of the Assembly

Attest:                Jacqueline Sneddon

                    Chief Clerk of the Assembly