THE NINETY-FOURTH DAY
Carson City(Wednesday), May 5, 1999
Senate called to order at 11:15 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, the Reverend Wayne Brown.
It is in the quietness of these moments, O God, that we wait upon Your refreshing spirit of truth, beauty and goodness.
Would You inspire these elected officials with generous spirits, healing words and bold dreams? Grant them knowledge and insight into those things that build harmony in our communities and give hope to the voiceless among us.
Now hear our humble prayer of thanksgiving for those who have blessed and nurtured us with their gifts of love, understanding and acceptance of our failures. It is their gifts that sustain us in our daily tasks. We pray in the name of that Being who promises to journey with us to a hopeful future.
Amen.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
REPORTS OF COMMITTEES
Madam President:
Your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 109, 215, 447, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Randolph J. Townsend, Chairman
Madam President:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 40, 95, 203, 254, 255, 260, 414, 461, 518, 612, 640, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Also, your Committee on Government Affairs, to which were referred Assembly Bills Nos. 12, 169, 588, 611, 626, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Also, your Committee on Government Affairs, to which were referred Assembly Bills Nos. 441, 630, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and place on Consent Calendar.
Ann O’Connell, Chairman
Madam President:
Your Committee on Human Resources and Facilities, to which was referred Assembly Bill No. 531, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and place on Consent Calendar.
Raymond D. Rawson, Chairman
Madam President:
Your Committee on Natural Resources, to which was referred Assembly Bill No. 202, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Dean A. Rhoads, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 3, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 487, 510.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 37.
Also, I have the honor to inform your honorable body that the Assembly amended, and on this day passed, as amended, Senate Bill No. 54, Amendment No. 756; Senate Bill No. 64, Amendment No. 755, and respectfully requests your honorable body to concur in said amendments.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
By Senators Titus, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Townsend, Washington, Wiener; Assemblymen Goldwater, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams:
Senate Concurrent Resolution No. 38—Commending James E. Rogers for his unprecedented philanthropic contributions to many educational institutions and for his generous support of nonprofit organizations in Nevada.
Whereas, James E. Rogers graduated from Las Vegas High School in 1956, later received a Bachelor of Science degree in accounting and a law degree from the University of Arizona and a Master of Laws from the University of Southern California; and
Whereas, In 1998, Jim Rogers was honored with a Doctor of Laws from the University of Arizona; and
Whereas, Jim Rogers is a member of the State Bar Associations of Nevada, Arizona and California; and
Whereas, Jim Rogers founded Valley Broadcasting Company in Las Vegas, Nevada, and has served as its Chief Executive Officer since 1979; and
Whereas, Jim Rogers is the principal owner of Sunbelt Communications Company which owns and operates the NBC affiliate television stations in Las Vegas, Reno, Winnemucca and Elko, Nevada, as well as the stations in Yuma, Arizona-El Centro, California, Helena, Montana, Pocatello-Idaho Falls, Idaho, and Jackson, Wyoming, and a radio station in Reno; and
Whereas, In 1998, Jim Rogers left the active practice of law to devote all his time to the development of the television and radio stations of Sunbelt Communications Company; and
Whereas, Jim Rogers is no stranger to the banking industry as he was a member of the Board of Directors of several financial institutions in Nevada, including the Nevada National Bank, Security Pacific Bank and Community Bank of Nevada, and is presently the Chairman of the Board of Directors of Nevada First Bank, which he founded in 1998; and
Whereas, Jim Rogers is an active supporter of education and has demonstrated this by his substantial financial contributions to various colleges and universities; and
Whereas, In 1988, Jim Rogers made the largest charitable contribution in the history of Nevada by pledging $28,500,000 to the William S. Boyd School of Law at the University of Nevada, Las Vegas, and substantial sums are earmarked for the University of Nevada School of Medicine in Las Vegas and the University of Nevada College of Engineering in Reno; and
Whereas, In other states where Sunbelt Communications Company owns television stations, Jim Rogers has made charitable donations and pledges to education that will total nearly $130,000,000, with the largest gift being $50,000,000 and an additional pledge of $50,000,000 to the University of Arizona College of Law, which was renamed the James E. Rogers Law Center in 1998, and the second largest gift being $20,000,000 to the Idaho State University Foundation; and
Whereas, In addition to generous financial donations, Jim Rogers gives much of his time and energy to educational institutions and nonprofit organizations, including one of his favorite projects which was the establishment of the Kathryn Grayson Schools of Music in Idaho and Montana to honor the well-known singer and movie star of the 1940s, 1950s and 1960s; and
Whereas, Jim Rogers also takes pride in his collection of more than 100 classic cars, which is said to be one of the best small collections of classic cars in the United States; and
Whereas, The love that Jim Rogers has for art has resulted in a prestigious fine art and bronze collection of western artifacts, and his love of film has contributed to the development of the Lone Pine Film Museum in Lone Pine, California; and
Whereas, Jim Rogers has provided innumerable educational opportunities for thousands of students through his generous contributions to colleges and universities and has given his own time and energy to support many nonprofit organizations; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 70th session of the Nevada Legislature commend James E. Rogers for his exceptional contributions to his community and state and this nation; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to James E. Rogers.
Senator Wiener moved the adoption of the resolution.
Remarks by Senators Wiener, Rawson and Care.
Senator Wiener requested that the following remarks be entered in the Journal.
Senator Wiener:
I stand in support of Senate Concurrent Resolution No. 38. What a pleasure it is for me to stand in the Senate chambers today to honor my dear friend, Jim Rogers. For one reason, it is a rare opportunity for me to be standing while Jim sits still long enough for someone to praise him. So, Jim, keep your seat.
I cannot even remember when I first met Jim, but I do recall we made plans for lunch at one of the Strip hotels, and he was late. A busy man even then. We talked about the old days in Las Vegas and the great partnership he had forged with my dad to build a television station giant in the Las Vegas media market. He also shared his dreams of growing an entire chain of western-states stations. And, of course, my dad would be his sidekick for the adventure ride.
At this same time, I owned radio stations and remember the old adage that about one-third of the owners lost substantial sums of money…one-third broke even…and one-third enjoyed great profits. I remember all three of those roller-coaster bookkeeping experiences. I’m sure that Jim and my Dad could recite their own stories about this “law of thirds” regarding television.
When I first returned to Las Vegas from working with Senator Reid in Washington, D.C., I set up an office at Channel 3 in Las Vegas. This gave me great access to my Dad and Jim. I could hear them all the time. I knew when they were talking business. I knew when they were exchanging memories of Las Vegas. And I certainly knew when they were trading jokes.
Through the years of their partnership, Valley Broadcasting—now Sunbelt Communications Company—did indeed grow. Its expansion into Reno was an important one for my Dad. Because he had tremendous memories of his college days in Reno, he wanted to bridge the State through communications. Owning television stations in the north and the south could make that desire come true. Jim believed in this important mission, too, and they purchased KRNV-TV in Reno. Other properties in Nevada also include KENV-TV in Elko and radio stations in both Las Vegas and Reno.
In addition, Sunbelt now owns and operates television stations in Arizona, Idaho, Wyoming and Montana. Quite a dream-come-true.
Prior to my father’s death, Jim and I promised my Dad that we would have an armored car outside the funeral. It would carry the sign: “I changed my mind. I’ve decided to take it with me.” Of course, that was a fraud, because my Dad gave a substantial portion of his wealth to nearly a dozen nonprofits before his death three years ago.
That same kind of philanthropy is why we are honoring Jim Rogers today. I’m humbled and pleased about Jim’s extraordinary generosity. I’m humbled because he gives my Dad the credit for teaching him how to be philanthropic. I’m pleased because so very many people and organizations are benefiting and will continue to benefit from Jim’s generosity. As you have heard with the reading of the resolution, Jim’s financial support has impacted UNLV’s Boyd School of Law in Las Vegas—to the tune of more than $28 million. His contributions to the University of Nevada School of Medicine and the University’s School of Engineering will help people the world over.
And, of course, because of his professional interests outside the State, Jim has been generous in other states where he owns broadcast properties. My Dad once said: “Give with a warm hand”—and no one demonstrates this better than Jim Rogers.
On a personal and political note…three years ago, when I was considering a run for the State Senate, I visited with Jim. I thought his input would be important. He asked me if I wanted to know how my Dad might have reacted to my possible political decision. I told him I would like to know, but that I wouldn’t base my decision on what my Dad might have said. Jim’s response: “He would have told you that you were crazy to even consider running for office. Then, he would have come into my office and told me how proud he was that his daughter was planning to run for the State Senate."
I paused before I asked the next question of the man who had, for more than 20 years, been my Dad’s closest friend. “Jim,” I asked, “What do YOU think?” After all, I had watched him give political editorials for years, so I knew for certain that he would discourage me from the race. His response: “You have to run. It’s the right thing for you to do.” Whoa, was I surprised. It’s a good thing I was already sitting down.
Jim knows, of course, that my decision to seek election in 1996 was mine alone. But his moral support since then has been nearly as important as any that my Dad could have given me.
It is for these reasons, and so many more, that I urge my colleagues to support Senate Concurrent Resolution No. 38. Thank you.
Senator Rawson:
Thank you, Madam President. I would just like to add a short note. I remember clearly the day that President Bush said in one his speeches that, “the day is coming when the success of an individual will be measured by their service to others.” I have the greatest and most profound respect for those who creatively use their resources to develop the facilities that we simply could not develop otherwise. I am a little envious, maybe, of some of those programs that have been recipients of his generosity but very appreciative of the standard that it sets for all of us to serve however we can, whether it is with money, time or with creativity. My hat is off to Jim Rogers. I think we are all better off because he has been along the same path that we have. I would urge your support.
Senator Care:
Thank you, Madam President. I also rise in support of the resolution. In April of 1979, I was looking for a job at a television station in Las Vegas, any job. I stopped at the NBC affiliate on Boulder Highway and saw the news director. He said that he could not hire me. I asked if it was something I had said, and he replied that I did not understand; we cannot hire anybody because the FCC is taking our license away. I will not go into why but the company who eventually got that license was Valley Broadcasting which was put together by Jim. Ironically a little more than a year later, I would go to work for that same television station.
I regard Jim Rogers as the man most responsible for bringing television news into the modern era in Las Vegas. When I started there, we still had film which meant that if you got back to the news room too late in the day, you only had a few minutes to develop the film, and it would be broadcast in colors of blue and green, as I recall and that was it.
He made the decision with his shareholders and partners to make the investment and it paid off in short order. Within a year, our station was the one that gave the world the coverage of the MGM Grand fire, the Hilton Hotel fire and, ironically, the Frank Sinatra suitability hearings in which we made our majority leader a star internationally by sending that video tape all over the world.
Those were fun days, and I miss them a lot. We did not tell Jim everything. In fact there is a cemetery right across the street from the television station. One day, we were coming back on the helicopter which at that time we had to rent. The stations now own their own helicopters. The pilot came in a little too low over the cemetery near the station, and there was a funeral going on, and it blew down the tarp over the mourners and the coffin. We did not tell Jim about that one.
I don’t work there anymore so he can’t fire me unless he runs an editorial. I want to thank him for those good times, and I certainly commend him on his magnanimous generosity, and now I understand why he only paid me $250 a week. Thank you.
Resolution adopted.
Senator Wiener moved that all rules be suspended and that Senate Concurrent Resolution No. 38 be immediately transmitted to the Assembly.
Motion carried unanimously.
MESSAGES FROM THE ASSEMBLY
Assembly Chamber, Carson City, May 5, 1999
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolutions Nos. 61, 62.
Susan Furlong Reil
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 61—Requesting the return to the Assembly from the Governor’s office of Assembly Bill No. 350 this session.
Whereas, Assembly Bill No. 350 of this session has passed both houses of the 70th session of the Legislature, has been enrolled and delivered to the Governor; and
Whereas, Assembly Bill No. 350 needs further legislative attention; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That the Governor of the State of Nevada is hereby respectfully requested to return Assembly Bill No. 350 of this session to the Assembly for further consideration; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Governor Kenny C. Guinn as soon as practicable.
Senator Raggio moved the adoption of the resolution.
Remarks by Senator Raggio.
Resolution adopted.
Senator Raggio moved that all rules be suspended and that Assembly Concurrent Resolution No. 61 be immediately transmitted to the Assembly.
Motion carried unanimously.
By Senators Jacobsen, Amodei, Care, Carlton, Coffin, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington, Wiener; Assemblymen Hettrick, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams:
Senate Concurrent Resolution No. 39—Congratulating the Douglas High School’s girls’ cross country team for winning the state “AAAA” championship in 1998.
Whereas, The Douglas High School’s girls’ cross country team won the Northern Nevada Zone Tournament in the “AAAA” league in the fall of 1998; and
Whereas, In a subsequent tournament in Southern Nevada, the Douglas High School’s Girls’ cross country team defeated the Indian Springs High School cross country team and became the “AAAA” 1998 Nevada State Champions; and
Whereas, The “Tigers,” under the inspired guidance of Coach Ellen Lucas, included team members Annie Gastelum, Kathleen McSweeney, Kelly Mogab, Rebecca Pope, Jenny Smokey, Christine Timmons and Jenelle Timmons; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 70th session of the Nevada Legislature do hereby extend their congratulations to Douglas High School’s girls’ cross country team upon winning the 1998 state “AAAA” championship; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Ms. Beverle Jeans, Principal of Douglas High School, and Coach Ellen Lucas.
Senator Jacobsen moved the adoption of the resolution.
Remarks by Senators Jacobsen and Rawson.
Senator Jacobsen requested that the following remarks be entered in the Journal.
Senator Jacobsen:
Thank you Madam President. It is with pleasure that I ask the Senate to adopt Senate Concurrent Resolution No. 39. This is really an honor for me since this is the high school that I graduated from, and I would have to admit that the girls always ran faster than I could. I guess I would say that it is special when the small rural counties accede to this kind of thing that what they lack in quantity they sure have in quality.
Senator Rawson:
Thank you, Madam President. I am just curious as to whether they competed against any California teams. I just kind of wanted to demonstrate that Nevada teams can win the championship for Nevada.
Resolution adopted.
Senator Jacobsen moved that all rules be suspended and that Senate Concurrent Resolution No. 39 be immediately transmitted to the Assembly.
Motion carried unanimously.
By Senators Jacobsen, Amodei, Care, Carlton, Coffin, James, Mathews, McGinness, Neal, O’Connell, O’Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington, Wiener; Assemblymen Hettrick, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Evans, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Ohrenschall, Parks, Parnell, Perkins, Price, Segerblom, Thomas, Tiffany, Von Tobel and Williams:
Senate Concurrent Resolution No. 40—Congratulating Douglas High School’s girls’ volleyball team for winning the state “AAAA” championship in 1998.
Whereas, The Douglas High School’s girls’ volleyball team won the state championship in the “AAAA” league in 1998 by defeating Bishop Gorman High School of Las Vegas, Durango High School of Las Vegas, South Tahoe High School of South Lake Tahoe, California, and Silverado High School of Las Vegas; and
Whereas, The “Tigers,” under the inspiring leadership of Coach Jennifer DeJoseph, included team members Christi Burruel, Stephanie Combes, Linzy Doherty, Kim Gitthens, Jessica Granat, Kaycee Green, J. K. Koenig, Jamie McCreary, Darshaya Mustacchio, Rebecca Rippee, Michelle Rosa, Lulu Sewell, Crystal Soderman and Natalie Stratton; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 70th session of the Nevada Legislature do hereby extend their congratulations to Douglas High School’s girls’ volleyball team upon winning the 1998 state “AAAA” championship; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Ms. Beverle Jeans, Principal of Douglas High School, and Coach Jennifer DeJoseph.
Senator Jacobsen moved the adoption of the resolution.
Remarks by Senator Jacobsen.
Senator Jacobsen requested that his remarks be entered in the Journal.
I think that I can probably use the same remarks as those on the previous resolution. These girls are very special. They do it in their own way. I had the honor to kind of shepherd them around the building and found that they were very inquisitive, and I think that each and every one of them would like to have my seat; although, I am sure that I am not ready to relinquish that. I certainly welcome them all here today.
Resolution adopted.
Senator Jacobsen moved that all rules be suspended and that Senate Concurrent Resolution No. 40 be immediately transmitted to the Assembly.
Motion carried unanimously.
Senator Jacobsen moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 11:50 a.m.
SENATE IN SESSION
At 12:01 p.m.
President Hunt presiding.
Quorum present.
Assembly Concurrent Resolution No. 62—Memorializing former Legislator and Wolf Pack Hall of Fame inductee, James C. Bailey.
Whereas, The members of the 70th Nevada Legislature were deeply saddened to learn of the passing of James C. Bailey on March 17, 1999; and
Whereas, James C. Bailey was born on September 29, 1907, in Fallon, Nevada, to Charles S. and Victoria Lofthouse Bailey; and
Whereas, After graduating from Churchill County High School, James Bailey attended the University of Nevada, Reno, where he lettered in football, basketball and track; and
Whereas, From 1935 to 1938, James Bailey was a teacher and coach at Yerington High School, and in 1936, under his spirited direction, the football team won the coveted State Championship; and
Whereas, The coaching career of James Bailey continued at the University of Nevada, Reno, until he left to serve as a Lieutenant Commander of the United States Navy during World War II; and
Whereas, During the 1945-1946 school year, James Bailey returned as Principal to Yerington High School where, among other duties, he taught trigonometry in his office to the only two students who signed up that year, one of whom, Joe Dini, would have close contact with him again in 1967 when they both served in the Nevada Legislature; and
Whereas, During his terms as a Nevada Assemblyman from 1957 to 1966, James Bailey served on the Ways and Means, Roads, Transportation and Aviation, Education, and Mines and Mining committees and was Minority Floor Leader of the Assembly in 1963; and
Whereas, During these years, James Bailey was also a member of the Western Interstate Committee on Highway Policy Problems, the Joint Committee on Financial Affairs and the Legislative Commission, and his knowledge in the areas of finance and transportation was utilized further by membership on the Finance, Labor and Transportation committees during his term as a member of the Nevada Senate in 1967 and as Director of the Nevada Motor Vehicles Department from 1967 to 1970; and
Whereas, In 1967, James Bailey was named one of the first 13 athletes inducted into the Wolf Pack Hall of Fame of the University of Nevada, Reno, and in 1998 was honored as a member of Nevada’s Team of the Century; and
Whereas, James Bailey’s dedicated service to the residents of Northern Nevada was recognized by the Greater Reno Chamber of Commerce who presented him with the first Ron Einstoss Community Award in 1977; and
Whereas, James Bailey is survived by his wife of 52 years, Lola Maionchi Bailey, his children, Brynne Marsh, Kathy Ebner and James Bailey Jr., all of Reno, and Sherill Evans of Lafayette, California, and his nine grandchildren and six great-grandchildren; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 70th session of the Nevada Legislature extend their heartfelt sympathies to the family and friends of James Bailey; and be it further
Resolved, That James Bailey will be remembered as a great athlete and a respected gentleman whose enthusiasm and goodness touched and inspired the lives of so many in this state; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the family of James C. Bailey.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio and Jacobsen.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Raggio:
It is a great honor for me on behalf of the Senate to speak to this resolution. Of all the people that we have ever honored, I do not think anyone ever enjoyed the level of respect which Jim Bailey did have. He was a native Nevadan. He loved this State and everything about it. He loved its people. He was one of the finest teachers ever in the school system in this State and a coach. He touched the lives of so many young people as a teacher and a coach that wherever I go and run into people and asked about the State or the Senate, somebody always asks if I knew Jim Bailey. I am proud to say that I did know Jim Bailey personally in many ways. I had many occasions both as district attorney and as a legislator to work with Jim. Whatever he did, he put his whole effort into it. His efforts as a coach are legendary. So many young men attribute their experience with Jim Bailey as the reasons that they turned out right in their lives. He was a highly principled individual not only in his efforts as an educator but certainly in his efforts that he put forth here as a member of the Legislature.
He was in the Assembly, a minority leader who served almost ten years in that capacity. He was a very active individual there, many of which are detailed in the resolution. He was one of the movers and shakers in the Assembly. He came to the Senate and served only one session here. Then, Governor Laxalt appointed him as director of the Department of Motor Vehicles. He held that position for a number of years. His service continued after his public office, and he was always recognized as someone you could turn to for help to solve some of the problems that are experienced in our community.
Prior to his death, he was looked upon as a living legend at the University of Nevada. He was one of those who was inducted as an eminent member of the Athletic Hall of Fame at the University of Nevada, Reno. His family are very eminent, well respected, well liked and are just all-around good people. We are proud to have them as members of our community.
Senator Jacobsen:
Thank you, Madam President and members of the Senate. I would certainly be remiss if I did not say a few words about Jim because I had the pleasure of serving with him for a number of years. It always impressed me that he was always a leader and never failed to be a coach as he would round up us Republicans, and I can still hear him say, “Charge” when we took on the Democrats even though there were times when we were in the minority. He was a special person and was very honorable. Lola has been one of our close friends, and I was fortunate enough to know her family. I guess as you grow up you kind of pick out the girls in the next county that are attractive, and she was certainly one of those. Maybe that was a challenge in those days. But we were all of the same family, and Jim was really a family player. He was a family player in politics and in the Republican party and was just one of those fine people who cross your life. Thank the good Lord that he was with us for a number of years.
Resolution adopted.
SECOND READING AND AMENDMENT
Assembly Bill No. 175.
Bill read second time and ordered to third reading.
Assembly Bill No. 322.
Bill read second time and ordered to third reading.
Assembly Bill No. 552.
Bill read second time and ordered to third reading.
Assembly Bill No. 587.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Assembly Bill No. 129.
Bill read third time.
Roll call on Assembly Bill No. 129:
Yeas—20.
Nays—Neal.
Assembly Bill No. 129 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 135.
Bill read third time.
Remarks by Senators Neal and Rhoads.
Roll call on Assembly Bill No. 135:
Yeas—21.
Nays—None.
Assembly Bill No. 135 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 136.
Bill read third time.
Remarks by Senators Neal and Rhoads.
Senator Rhoads moved that Assembly Bill No. 136 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Rhoads.
Motion carried.
Assembly Bill No. 138.
Bill read third time.
Remarks by Senators Neal, Rhoads and Rawson.
Roll call on Assembly Bill No. 138:
Yeas—21.
Nays—None.
Assembly Bill No. 138 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 437.
Bill read third time.
Remarks by Senators Neal and Rhoads.
Roll call on Assembly Bill No. 437:
Yeas—21.
Nays—None.
Assembly Bill No. 437 having received a two-thirds majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Joint Resolution No. 15.
Resolution read third time.
Remarks by Senators Titus, Neal and O’Connell.
Senator Titus requested that her remarks be entered in the Journal.
I am opposed to this resolution which endorses the Republican position in Congress against the use of statistical sampling in the upcoming census process.
The May 4 Supreme Court decision (Department of Commerce v. U.S. House of Representatives) offered as justification for banning statistical sampling is misrepresented in this resolution. In fact, that decision was really very narrow. It refers to reapportionment of congressional districts only. It does not preclude the use of sampling for redistricting within states or for allocation of federal dollars. In fact it encourages it, if feasible. It also does not (as the resolution wrongly states) address the argument that sampling violates the “actual enumeration” requirement of the Constitution. The Supreme Court held only that sampling would be in violation of the Federal Census Act as amended in 1976. According to a New York Times editorial dated January 27, 1999, “The Clinton Administration should move forward with sampling while producing a separate set of figures for congressional reapportionment only. The Republicans will balk at the two track proposal but accuracy, fairness and the Census Act demand it.”
Statistical sampling, as a method of counting people, is the most accurate, up-to-date, technologically advanced procedure available. It is recognized and recommended by the National Academy of Sciences, the National Research Council, GAO and the Commerce Department’s Inspector General. Furthermore, it has been estimated that sampling would be 19 percent more accurate than door-to-door counting and, as a back-up system, would be much cheaper than the alternative measures being proposed by the House Government Reform Census Subcommittee to augment the door-to-door count which would be $675 million more than sampling.
According to the Census Bureau, the 1990 Census missed 8.4 million people and double-counted 4.4 million others. Among those missed, certain groups were omitted more often than others. Those groups include children, the poor, people of color and city dwellers. In Nevada alone, the 1990 census missed some 29,000 people or 2.3 percent of the State’s population. This is considerably higher than the national figure (1.6 percent) due primarily to the rapid growth rate of the State, especially in the urban areas. Minorities were a disproportionate number of those missed: 8.1 percent of the African-Americans were missed; 2.1 percent of the Asians; 5 percent of the Hispanics; 5.6 percent of the Latin Americans and 3.7 percent of the children.
A census undercount is detrimental to states which provide help to their vulnerable residents through federal programs and funding. For every one million people uncounted, states lost $1 billion in federal funding. Currently, there are 160 federal aid programs which provide nearly $200 billion annually in critical services. These include WIC, Headstart, Child Care and Development Block Grants, Title 1 programs of the Department of Education, Older Americans Act funds, public transportation dollars from the Federal Highway Administration, FHA housing assistance for the elderly and low income, and Community Redevelopment grants.
For Nevada to oppose the use of statistical sampling which would entitle us to greater federal funding from such programs would be fiscally irresponsible, especially at this time when we are facing revenue shortfalls here within the State. Undercounting our children is especially short-sighted as we currently struggle to better protect our children and improve educational opportunities.
As the President said, “Taking the census should not be a partisan issue. It’s not about politics; it’s about people. It’s about making sure that every American really, literally counts.” And, I might add, it’s about making sure Nevada gets its fair share of federal dollars to help us meet the needs of our citizens.
Roll call on Senate Joint Resolution No. 15:
Yeas—14.
Nays—Care, Carlton, Coffin, Neal, Schneider, Titus, Wiener—7.
Senate Joint Resolution No. 15 having received a constitutional majority, Madam President declared it passed.
Resolution ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Consideration of Assembly Amendments
Senate Bill No. 281.
The following Assembly amendment was read:
Amendment No. 723.
Amend section 1, page 1, line 3, by deleting “$35,000” and inserting “$13,918”.
Senator Raggio moved that the Senate concur in the Assembly amendment to Senate Bill No. 281.
Remarks by Senator Raggio.
Motion carried.
Bill ordered enrolled.
Senate Concurrent Resolution No. 16.
The following Assembly amendment was read:
Amendment No. 718.
Amend the resolution, page 2, line 31, by deleting the semicolon and inserting:
“and to make an effort to meet personally with those members as soon as practicable after the appointment of the committee;”.
Senator Rhoads moved that the Senate concur in the Assembly amendment to Senate Concurrent Resolution No. 16.
Remarks by Senator Rhoads.
Motion carried.
Resolution ordered enrolled.
Appointment of Conference Committees
Madam President appointed Senators Neal, Porter and Care as a first Conference Committee to meet with a like committee of the Assembly for the further consideration of Senate Bill No. 532.
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bills Nos. 65, 209, 277, 301: Senate Concurrent Resolution No. 36; Assembly Concurrent Resolutions Nos. 24, 56, 57, 58, 61.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to Douglas County Coaches: Karen Green and Ellen Lucas.
On request of Senator O’Connell, the privilege of the floor of the Senate Chamber for this day was extended to the following students from the Nate Mack Elementary School: Adam Ajoub, Ben Azua, Brittany Bridges, Alexis Curtis, Andrew Dickneite, Brennan Farmer, Kyle Foster, Alfredo Gonzalez, Kyle Hoffman, Jay Lindsey, Samantha Jay, Greg Novak, Robert Novak, Sean Refeen, Sandra Sanchez, Chris Tao, Matthew Taylor, Jacky Hernandez, Perez Allen, Andrew Bowers, Justin Brunty, Justin Clark, Dana De Leo, Julie Haberman, Matthew Hale, Monica Hansen, Alan Jager, Bethany Johnson, Aaron Madrigal, Wade Smith, Stephanie Stott, Brittany Wainio, Jonathan Zehms, Nicola Asaro, Kimberly Bognot, Jordan Brown, Giuseppi Calantoni, Luigi Calantoni, Carl Carter, Ashley Cochran, Louise Downs, Christopher Galdieri, Jessica Gerner, Reno Goldstein, Fallon Grimes, Brittany Jacobsen, Alexandra Melia, Alexander Millar, Tiffany Mitchell, Julio Nino, Jeramy Seeley, Alexandrea Slack, Tyler Wade, Amber Whiteley, Jerry Butler, Nick Clay, Derrick Dramise, Kenneth Garner, Kyle Konicek, Katie Martinson, Adam Nichols, Joshua Rea, Jennifer Rhodes, Courtney Stempien, Shannon Sullivan, Kelsey Williams and Jennifer Sharp; teachers: Mr. Shirley Pepe and Ms. McFee and the following chaperones: Kathy Calantoni, Bruce Carter, Elizabeth Cochran, Cheryl Galdieri, Gail Alcalay, George Brucato, John Melia, Joyce Mitchell, Vickie Slack, Tamra Whiteley, Christina McFee, Shirley Pepe, Joseph Dramise, Michael Garner, Brian Nichols, Margarita Stempien, Carin McCameron, Shelly Ajoub, Michelle Foreman, Susan Foster, Steve Hoffman, Charlene Refeen and Chris McFee.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Lola Bailey, Jim Bailey, Pam Bailey, Kathy Ebner, Brynne March, Phinnie March, Shelly Walters, Cristina C. Ponce-Enrile, Rufinita Espina and Marissa Caberta.
On request of Senator Wiener, the privilege of the floor of the Senate Chamber for this day was extended to James E. Rogers and Beverly Rogers.
Senator Raggio moved that the Senate adjourn until Friday, May 7, 1999 at 10:30 a.m. and that it do so in memory of the two United States military pilots who were killed in a helicopter accident in Albania and extend our sympathies and concerns to their families and to all those in the service.
Motion carried.
Senate adjourned at 12:51 p.m.
Approved: Lorraine T. Hunt
President of the Senate
Attest: Janice L. Thomas