THE FIFTY-SEVENTH DAY
Carson City(Monday), April 2, 2001
Senate called to order at 11:14 a.m.
President Hunt presiding.
Roll called.
All present except Senators McGinness and Rhoads, who were excused.
Prayer by the Chaplain, Pastor Sami Perez.
We thank You for the opportunity to bring this awesome assembly before You. We ask You to anoint their minds and heart—as they wrestle with the issues of state and make decisions and laws that will guide the residents in the days and years to come. Let them take into consideration the small towns and hamlets, the infirm and well, young and old that must abide by the laws as well as the municipalities.
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 Finance, to which was referred Senate Bill No. 144, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
William J. Raggio, Chairman
Madam President:
Your Committee on Government Affairs, to which were referred Senate Bills Nos. 299, 312, 334, 401; Senate Joint Resolution No. 7, 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 was referred Senate Bill No. 228, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Ann O'Connell, Chairman
Madam President:
Your Committee on Human Resources and Facilities, to which was referred Senate Concurrent Resolution No. 18, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.
Raymond D. Rawson, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
By Senators Raggio, Titus, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener:
Senate Resolution No. 7—Inducting Norman D. Glaser into the Senate Hall of Fame.
Whereas, The Senate of the Legislature of the State of Nevada has established a Senate Hall of Fame whose members are selected by leadership from those past Senators who have served with distinction and who have made exemplary contributions to the State of Nevada; and
Whereas, Norman D. Glaser, who represented with great competency the residents of Elko County and Northern Nevada in the Nevada Legislature for 20 years, as an Assemblyman from 1961 through 1972 and as a Senator from 1977 through 1984, served as Speaker and Speaker pro Tempore of the Assembly and chaired the Senate Committee on Taxation and the Senate Committee on Natural Resources; and
Whereas, Among many accomplishments while in the Legislature, Norman D. Glaser cosponsored the constitutional amendment to protect agricultural and open space land from premature urban development, directed the tax relief program of 1979 and sponsored legislation that led to the construction of the South Fork Reservoir and Recreation Area on the Humboldt River, and
Whereas, In addition to his years as a Legislator, Norman D. Glaser also served the State of Nevada honorably and with integrity as Chairman of the Nevada Environmental Commission and the Nevada Tax Commission, and as a member of the Elko County School Board and the Northern Nevada Community College Advisory Board; now, therefore, be it
Resolved by the Senate of the State of Nevada, That Norman D. Glaser, who dedicated over 40 years of his life to the service of the people of the State of Nevada as a member of the Legislature and in other public capacities, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio, Jacobsen and Neal .
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Raggio:
I am delighted to speak in favor of this resolution inducting Norman D. Glaser into the Senate Hall of Fame. I had the pleasure of serving with Norm. I know that others who had that pleasure would agree with me that he was a delight to work with. In the eight years during which he served in the Senate, from 1977-1984, he was one of the more active legislators. He was a person who spoke his mind and always had a laugh. I know he enjoyed the process. It may have been easier then, but they did have some tough issues, and he was there to share his expertise. He was someone who understood the process and made a meaningful contribution.
Norm was born in Elko in 1921. He grew up on the family ranch known as the Glaser Land and Livestock Company. The ranch remains today as it has been for more than a century. It is one of the prominent ranches in the State. Norm went to Oklahoma to school where he met Nelda. They were married for 56 years. When he returned to Nevada, WWII had begun.
Norm graduated with a degree in engineering and went into the Navy where he served as an officer on a submarine tender and on landing crafts. After the war, he returned to the ranch in Elko. He developed an interest in community affairs and served on the school board. He was president of the County Farm Bureau and then president of the State Farm Bureau. He was bit by the political bug, and in 1961, he ran for the Assembly. The school board meetings used to run until 3:00 a.m., and he thought the Assembly might be a little easier. He found out differently when he got here.
He served in the Assembly until 1972 when redistricting eliminated his position. He went on to help others. He was assisting Eyra Boies in his run for the Senate representing the Elko area when Mr. Boies died, and since Norm was his campaign manager, he ran in his place. Norm was elected in 1977 and served two terms. In the Assembly, Norm had served as Speaker and Speaker pro Tempore. He chaired both the Senate Committee on Taxation and the Committee on Natural Resources. During that time, he was involved in the tax relief program of 1979. He championed the South Fork Dam, one of the finest recreation areas in the State. The reason it is so successful is because of people like Norm Glaser.
After his service in the Legislature, he spent another 20 years involved in several different activities. He was Chairman of the Nevada Environmental Commission and the Tax Commission. He was very active in the Tax Commission until his death. I am proud to have had the opportunity to serve with Norm Glaser. He was an engaging person with a great sense of humor and wit. He enjoyed being a part of this process. It is appropriate that he be inducted into the Senate Hall of Fame today.
Senator Jacobsen:
It is a joy to see Nelda here today. She is one of my favorite Democrats. I served with Norm, and I remember one of his great sayings, “You’ve got to put the hay down where the calves can get at it.” Calves are short to the ground so you have to put the hay where they can reach it.
Norman was a jewel of a legislator. He was honest and sincere. My wife and I used to stay at the ranch occasionally. They would hire boys from the boys’ school to help out in the fields. The boys had their own bunkhouse, and they would stay there with a couple that cared for them. One day when Norm and I were at the bunkhouse, one of the boys showed me his pet snake. He said he’d never had a pet before, and no one liked it but him. He liked taking care of it and feeding it. I think Norm and Nelda deserve a lot of credit for hiring those boys and for giving them a chance to mix with other children. Living on a ranch was a good experience for them.
Nelda was the postmaster and knew everyone in the whole valley. We toured everywhere and really enjoyed our visits. I think of Norm often. Nevada is great today because of people like Norm Glaser.
Senator Neal:
I am proud to stand here in support of this nomination to the Hall of Fame. I knew Norm Glaser when he was in the Senate. I sat near him in the back row, and we had many discussions. We developed a good friendship due to those many discussions. The only disagreement we had was over the use of the radar gun by the Highway Patrol. I was trying to get rid of it, and Norm wanted to keep it. He said it was like a “cowboy having his pistol.” I reminded him he hadn’t had one aimed at him on his trips home.
Norm was the only person in western Nevada who thought I should be Governor. He invited me to Elko, and we spent two days touring Elko. He introduced me to everyone. He would tell everyone how I supported him in everything he tried to do in the Legislature including the support of the reservoir. When they found the crack in the cement during the building of the reservoir, I reminded him we had appropriated $35 million for this dam, and I was concerned it wasn’t going to work. He assured me not to worry. It did turn out all right, and a great recreation area was created by that dam.
I visited Norm’s home and was served my first Mint Julep. I didn’t know what a Mint Julep was even though I had come from the South, but he made me one. He picked the mint leaves fresh, and it tasted good.
Norm made great contributions to the State both through his legislative record and through the appointed positions he held. I regretted not being able to attend his funeral. I considered him a dear friend. This is a worthwhile nomination and upholds the standards we have set for the Senate Hall of Fame nominations. I am pleased to stand here today and support this resolution.
Resolution adopted.
Senator Raggio moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 11:40 a.m.
SENATE IN SESSION
At 11:51 a.m.
President Hunt presiding.
Quorum present.
By Senators Raggio, Titus, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener:
Senate Resolution No. 8—Inducting Henry A. Comins into the Senate Hall of Fame.
Whereas, The Senate of the Legislature of the State of Nevada has established a Senate Hall of Fame whose members are selected by leadership from those past Senators who have served with distinction and who have made exemplary contributions to the State of Nevada; and
Whereas, A dedicated legislator who served longer than any other nineteenth century legislator, Henry A. Comins represented the residents of White Pine County for 18 years, traveling the considerable distance between Ely and Carson City to serve as an Assemblyman in 1875 and 1876 and as a Senator from 1877 through 1880 and from 1889 through 1900, leading the Senate as President pro Tempore for the 1891 regular session; and
Whereas, Even though his party did not control the Senate in 1877, Senator Comins was named chairman of the Senate Committee on Ways and Means that year, his first term as a Senator, and served with distinction on that committee during his entire Senate career, chairing it four additional times; and
Whereas, A key legislator for the women’s suffrage movement in Nevada, in 1895 Senator Comins sponsored the first bill for a constitutional amendment that would have given women the right to vote, a measure which was approved by both legislative houses that session but failed to receive the required second legislative approval 2 years later; now, therefore, be it
Resolved by the Senate of the State of Nevada, That Henry A. Comins, an influential legislative leader in the nineteenth century who helped shape the financial and tax policy of this state, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.
Senator Amodei moved the adoption of the resolution.
Remarks by Senator Amodei.
Senator Amodei requested that his remarks be entered in the Journal.
Thank you, Madam President. Henry A. Comins grew up in the State of Maine and moved out West as a young man. Before he came to White Pine County, he had a toll bridge about 50 miles east of here on the Carson River. An outlaw made the mistake of riding his horse across the toll bridge without paying the fee, which was probably five cents. Unbeknownst to Senator Comins, who did not realize that he was dealing with a fugitive accused of murder called “Treacherous Tom Riley,” he mounted his horse and went after the person to collect the fee. He then made the mistake of catching up with him where he promptly found out what kind of person he was dealing with. Senator Comins was shot once through the midsection, laid on the ground, played possum, and the guy tried to shoot him again but missed. After the outlaw took off, Senator Comins got on his horse, went back and rounded up a posse who had a shootout with the gentleman. Apparently, nobody was a good shot because the last shot that was fired was by the outlaw who shot himself with his last bullet rather than facing all the other people who were not very good shots. All of this over five cents. I would submit to you that I do not know what nationality Comins was, but they make us Italian-Americans look like spendthrifts in those days.
Once he was finished with the toll bridge business, he came to Carson City. There is mention in the resolution about the trip to Carson City that was 1,100 miles roundtrip. Mr. Erickson (Research Division) has researched how he probably made the trip since there was no rail service to Ely until 1906. Ely to Eureka by stagecoach, which is about 70 miles with four passes, would take about 24 hours. From Eureka north to Palisade, Nevada, via the Eureka-Palisade Railroad, would be about a five-hour stint. From Palisade west to Reno on the Central Pacific Railroad would take ten hours, and Reno to Carson City via the Virginia and Truckee Railroad would be one and one-half hours for a total traveling time, not including layovers caused by snow and ice, of 40 hours one way. We can safely assume that Senator Comins did not travel home to see his family on the weekends. While things are a little tough at the Reno Airport these days, we still have it better than they had it back then.
Senator Comins was ahead of his time on some issues. The resolution indicated that he successfully sponsored the women’s suffrage issue. He fought hard for that. I have some information concerning that issue that definitely shows that blood is thicker than water. He had no difficulty getting the suffrage proposal through the Senate a second time but a tie vote in the full Assembly prevented this measure from going to the voters the following year. The reason for the tie was that his son-in-law was in the Assembly and fighting “tooth and nail” against the measure. We can only guess what his son-in-law would have done on the issue of drivers’ licenses for women.
Finally, the last aspect of this resolution concerned his work on the history of early Nevada. Thomas Wren wrote of Henry Comins, “While in the Senate as chairman of the Senate Committee on Ways and Means, he was largely instrumental in relieving the State of debt, reducing the rate of taxation and increasing the permanent public school fund.” Apparently Senator Comins initiated a number of innovative financial management practices that truly achieved these objectives. Needless to say, we could sure use Senator Comins back with us this session.
Resolution adopted.
Senator Amodei moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 11:58 a.m.
SENATE IN SESSION
At 12:03 p.m.
President Hunt presiding.
Quorum present.
By Senators Porter, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:
Senate Concurrent Resolution No. 26—Proclaiming April 2, 2001, as Prostate Cancer Awareness Day and September as Prostate Cancer Awareness Month.
Whereas, In the United States, a man is diagnosed every 3 minutes and one dies every 14 minutes from prostate cancer, the second leading cause of death in men with cancer; and
Whereas, Of the approximately 30 million men over 50 years of age in the United States, about 42 percent will experience prostate cancer sometime during their lives; and
Whereas, At this time, the cause of prostate cancer is unknown, it is not preventable, and treatment is most effective during the early stages; and
Whereas, Former Nevada Governor Bob Miller, prominent Nevada television news reporter John Tyson and former presidential candidate Robert Dole have been at the forefront in educating Nevadans and the rest of the American public about prostate cancer; and
Whereas, A study by the National Academies of Science of military participants in U.S. nuclear weapons tests during the 1950s, including the Nevada Test Site, found that deaths from prostate cancer were 20 percent higher among nuclear test participants; and
Whereas, Because many men with prostate cancer have no symptoms, they feel confident that they are in good health and do not protect themselves by getting regular screening; and
Whereas, Half or more of primary care doctors do not offer screening for prostate cancer, even to men at risk, such as males with a family history of the disease and African-American men who have a rate 32 percent higher than their Caucasian counterparts; and
Whereas, Because of the lack of clinical trials, the American Cancer Society, the National Cancer Institute and other organizations take a conservative approach to screening for prostate cancer, believing that the benefit of screening has not been proven; and
Whereas, Until recently, many doctors felt that testing discovered many cases of cancer that need not be treated, causing unnecessary stress to the patient, and that treatment sometimes does more harm than good, diminishing the quality of life of their patients; and
Whereas, If not detected early, prostate cancer cells can escape the confines of the prostate, making treatment very difficult and increasing the mortality rate of the disease; and
Whereas, Prostate cancer is primarily diagnosed in the early stages through a combination of two widely used diagnostic tests, prostate-specific antigen (PSA) and digital rectal examination (DRE); and
Whereas, Before the widespread use of the PSA test just over a decade ago, 70 percent of men diagnosed with prostate cancer were diagnosed in the advanced stages of the disease; and
Whereas, Now, because of more frequent use of early testing by the PSA and DRE, 70 percent of men are diagnosed in the earlier stages, leading to better chances of survival; and
Whereas, Scientists are enthusiastic about research to detect and find a cure for prostate cancer, including treating patients with surgery or radiation; and
Whereas, Studies of treatments using ultrasound are proving promising in that they may be more effective and have fewer side effects than other treatments; and
Whereas, Prostate cancer affects not only the men afflicted with this disease, but also affects their families and friends; and
Whereas, Early detection and treatment of this disease are critically important; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the Nevada Legislature is committed to protecting men’s health and saving lives by continuing to create greater public understanding of prostate cancer and the need for early detection, informed choices and continued research; and be it further
Resolved, That the members of the Legislature proclaim April 2, 2001, as Prostate Cancer Awareness Day and September as Prostate Cancer Awareness Month.
Senator Porter moved the adoption of the resolution.
Remarks by Senators Porter, Washington, O'Donnell and Governor Guinn.
Senator Porter requested that the following remarks be entered in the Journal.
Senator Porter:
Members of our community brought this resolution forward. The request was that we attach an awareness which is unlike anywhere in our country. This is the first awareness proclamation done by a Senate in this country. As mentioned in the resolution, a man is diagnosed with prostate cancer every three minutes in this country, and one dies every 14 minutes from this disease. This is the second leading cause of death of men from cancer. About 42 percent of men over the age of 50 will experience prostate cancer. There was a study by the National Academy of Science that showed men who participated in the nuclear weapons testing in Nevada during the 1950’s have a 20 percent higher rate of prostate cancer than those in the military who did not participate in the tests.
There are no real symptoms of prostate cancer. This leads men to believe they do not have the problem. The Family to Family organization is leading a grassroots effort in this State to help men understand the severity of this disease and to encourage every man to have early PSA testing. Testing is being done today in room 3100, and Senate Bill No. 318 is being heard today in the Human Resources Committee. Our goal is to increase research and public awareness of this disease. Our goal is to improve communications and to seek funding and grant sources around the country. We want to increase the number of men being tested in Nevada.
Today is Prostate Cancer Awareness Day. September will be named Prostate Cancer Awareness Month in Nevada.
Senator Washington:
I stand in support of Senate Concurrent Resolution No. 26. I know the devastating effect this disease has on the family and friends of a man with this disease. I have counseled several members of my church whose families have been touched by prostate cancer. Having a PSA test is one of the easiest things to do. It is a simple blood test. A few weeks ago, Senator Porter’s guests came to my church and offered the PSA tests during our Health Awareness Month. Several of our members participated. I am going to have another test because men of my age and race seem to have a propensity to develop this disease quickly. I want to make certain, as a spokesman, that I am doing the best job possible to make those of my ethnicity aware of this disease’s devastating effects. It is a simple disease to correct if caught early.
I urge men to get this simple screening test.
Senator O'Donnell:
I wanted to add that one treatment for Prostate Cancer is the use of a radium implant. It is a live radioactive material placed in the body to kill the cancer cells. It is interesting to note that this technology was developed by those in the nuclear field and is now being used as a treatment even though it may also have been a cause for some.
Senator Porter requested that the remarks of Governor Guinn be entered in the Journal.
Governor Guinn:
This is a disease we need to pay more attention to. Women in this country have stepped forward about breast cancer and cervical cancer, and now, it is time for men to pay more attention to their PSA. Dema has been active in getting the traveling Mammovan around the State, and she has added the PSA test for men into that program. There should be no reason for a man not to get a PSA test. Dema has also added osteoporosis testing with a grant from WECAN to this van. These programs are an important part of the holistic health approach. I want to commend these people who have done such great work and who are truly dedicated to what they believe in doing for themselves and for others. We appreciate their work.
Today, it is appropriate that I remind you that I received my PSA results two weeks ago and they were very good, and it is a great relief. My blood pressure and my heart rate are not as important to me as my PSA. It is a relief to take this simple test. There is no reason for anyone not to get this test. Men do not think they need the test until it is too late. We need to help them prolong a good quality of life. Thank you for acknowledging this program today.
Resolution adopted.
Senator Porter moved that all rules be suspended and that Senate Concurrent Resolution No. 26 be immediately transmitted to the Assembly.
Motion carried unanimously.
Senator Porter moved that the Senate recess subject to the call of the Chair.
Motion carried.
Senate in recess at 12:20 p.m.
SENATE IN SESSION
At 12:23 p.m.
President Hunt presiding.
Quorum present.
Senator Care moved that Senate Bill No. 236 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Care.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 74.
Bill read second time.
The following amendment was proposed by the Committee on Human Resources and Facilities:
Amendment No. 117.
Amend the bill as a whole by adding a new section designated sec. 2, following section 1, to read as follows:
“Sec. 2. This act becomes effective on July 1, 2003.”.
Senator Rawson moved the adoption of the amendment.
Remarks by Senator Rawson.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 248.
Bill read second time.
The following amendment was proposed by the Committee on Finance:
Amendment No. 79.
Amend section 1, page 1, by deleting lines 2 through 7 and inserting:
“the Department of Museums, Library and Arts the sum of $35,791 for unanticipated additional utility costs, personnel costs and purchasing assessments charged by the Purchasing Division of the Department of Administration, to be disbursed as follows:
Lost City Museum $424
Nevada Historical Society, Reno $6,913
Nevada Museum and Historical Society, Las Vegas $7,021
Administrative office $19,226
Division of Museums and History $1,719
Nevada State Railroad Museum $488
Amend the title of the bill, second line, by deleting “expenses;” and inserting: “costs, personnel costs and purchasing assessments;”.
Amend the summary of the bill to read as follows:
Senator Raggio moved the adoption of the amendment.
Remarks by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that Senate Bills Nos. 60, 75, 203, 222, 251; Senate Joint Resolution No. 20 of the 70th Session, be taken from the General File and placed on the General File for the next legislative day.
Remarks by Senator Raggio.
Motion carried.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Resolutions Nos. 5, 6; Assembly Concurrent Resolution No. 19.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to Gerald Miller.
On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to the following Webelos, Den 7, Pack 409: Aaron Wennhold, Matthew Tompkins, Houston Gastelum, Colton Wheat, Kiel Steffey, James Lawrence, Jesse Baxter, Tim Godecke; leader: Connie Wennhold; chaperones: Terry Lundergreen, Ann Godecke and Francesca Steffey.
On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to Governor Guinn, Bob Meloskie, Nikki Meloskie and Lew Musgrove.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Nelda Glaser, former Senator Coe Swobe, Doug Smith, Mr. and Mrs. Tom McGuire, West Haradin, Mr. and Mrs. Robert Pearce, Dr. Steven Glaser, Marilyn Glaser, Sharon Glaser Bell, Dr. Brent Glaser, Mary Glaser, Carolyn Glaser, Calvin Johnson, Michael Johnson, Howard Johnson, Sherman Johnson, Bob Erickson and Guy Rocha.
Senator Raggio moved that the Senate adjourn until Tuesday, April 3, 2001 at 11 a.m.
Motion carried.
Senate adjourned at 12:30 p.m.
Approved:Lorraine T. Hunt
President of the Senate
Attest: Claire J. Clift