THE TWENTY-FIFTH DAY
Carson City (Thursday), February 27, 2003
Senate called to order at 11:15 a.m.
President Hunt presiding.
Roll called.
All present except Senators Care, Hardy and Nolan, who were excused.
Prayer by the Chaplain, Dr. Ken Haskins.
Our gracious, heavenly Father, Your word instructs us that true
greatness is to be found in service. Even our Lord did not come to be served,
but to serve. Today, we honor two long-term public servants, Legislators Joe
Dini and Lawrence Jacobsen. We honor them not only for the length of their
service, but for the quality of their service. May their shining examples
inspire countless others to greater service. I believe that I can hear Your
voice, Father, speaking to these exceptional men, “Well done good and faithful
servants.” To this we all say,
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 Human Resources and Facilities, to which were referred Senate Bills
Nos. 83, 84, has had the same under consideration, and begs leave to report the
same back with the recommendation: Do pass.
Raymond D. Rawson, Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Senator Raggio moved that the following person be accepted as an accredited press representative, and that he be assigned space at the press table and allowed the use of appropriate media facilities: NEVADA APPEAL: Bob Thomas.
Motion carried
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Judiciary:
Senate Bill No. 220—AN ACT relating to traffic laws; repealing the prohibition against certain use by a governmental entity or its agent of photographic, video or digital equipment for gathering evidence to be used for the issuance of a traffic citation; and providing other matters properly relating thereto.
Senator Amodei moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Senators Nolan, Rawson, Care, Cegavske, Shaffer; Assemblymen Gibbons, Mabey and Manendo:
Senate Bill No. 221—AN ACT relating to lobbyists; prohibiting a lobbyist from requesting certain services from an employee of the Legislative Counsel Bureau without authorization from a Legislator; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
By Senators Cegavske, Rawson, Tiffany, Washington; Assemblymen Andonov, Angle, Beers, Brown, Hettrick and Weber:
Senate Bill No. 222—AN ACT relating to education; requiring the governing body of each charter school to establish a charter school buildings and sites fund; requiring the board of trustees of a school district that includes a charter school within its boundaries to distribute a portion of the general obligation bonds issued by the school district to the charter school for deposit in the charter school buildings and sites fund; and providing other matters properly relating thereto.
Senator Cegavske moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 37.
Bill read second time and ordered to third reading.
Senate Bill No. 65.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 10.
Amend section 1, page 2, by deleting lines 7 through 38 and inserting:
“(b) Medicine, homeopathy and osteopathy, and may be composed of persons engaged in the practice of medicine as provided in chapter 630 of NRS, persons engaged in the practice of homeopathic medicine as provided in chapter 630A of NRS and persons engaged in the practice of osteopathic medicine as provided in chapter 633 of NRS. Such a professional corporation may market and manage additional professional corporations which are organized to render a professional service relating to medicine, homeopathy and osteopathy.
(c) Mental
health services, and may be composed of the following persons, in any number
and in any combination:
(1)
Any psychologist who is licensed to practice in this state;
(2)
Any social worker who holds a master’s degree in social work and who is licensed
by this state as a clinical social worker;
(3)
Any registered nurse who is licensed to practice professional nursing in this
state and who holds a master’s degree in the field of psychiatric nursing; and
(4)
Any marriage and family therapist who is licensed by this state pursuant to
chapter 641A of NRS.
Such a professional corporation may market
and manage additional professional corporations which are organized to render a
professional service relating to mental health services pursuant to this paragraph.
3. A professional corporation may render a professional service only through its officers and employees who are licensed or otherwise authorized by law to render the professional service.”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 162.
Bill read second time and ordered to third reading.
Assembly Bill No. 39.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 73.
Bill read third time.
Remarks by Senators Neal and Amodei.
Roll call on Senate Bill No. 73:
Yeas—18.
Nays—None.
Excused—Care, Hardy, Nolan—3.
Senate Bill No. 73 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 10.
Bill read third time.
Remarks by Senators Neal and Amodei.
Roll call on Assembly Bill No. 10:
Yeas—17.
Nays—Neal.
Excused—Care, Hardy, Nolan—3.
Assembly Bill No. 10 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 11:39 a.m.
SENATE IN SESSION
At 12:03 p.m.
President Hunt presiding.
Quorum present.
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, February 27, 2003
To the
Honorable the Senate:
I
have the honor to inform your honorable body that the Assembly on this day
adopted Assembly Concurrent Resolution No. 4.
MOTIONS, RESOLUTIONS AND NOTICES
WHEREAS,
The two longest-serving members of the Nevada Legislature are
former Assemblyman Joseph E. Dini, Jr., and former Senator Lawrence E.
Jacobsen; and
WHEREAS,
Assemblyman Dini is a native of Yerington, an alumnus of the University of
Nevada, Reno, and a Nevada businessman; and
WHEREAS,
Assemblyman Dini served for 36 years in the Nevada Legislature, beginning in
1966 when he was elected to the Nevada State Assembly; and
WHEREAS,
Assemblyman Dini served in the Nevada State Assembly for a record
18 regular sessions and 5 special sessions and was recognized for his
strong leadership abilities by election to Speaker of the Assembly in 1977,
serving an unprecedented eight times in that capacity; and
WHEREAS,
“Mr. Speaker,” as Assemblyman Dini has been known affectionately by colleagues
and staff alike, was recognized as an expert on numerous issues, including the
management of Nevada’s water resources; and
WHEREAS,
Assemblyman Dini took the leadership role in many areas affecting the State of
Nevada, from equity issues of revenues for education to safeguarding the clear
waters of Lake Tahoe, in which he worked to develop a compact with California
to control growth in the Lake Tahoe Basin; and
WHEREAS,
“Mr. Speaker” has forwarded the international interests of the State of Nevada
by developing cooperative relations with the Province of Taiwan of the Republic
of China, and in April 2000, he was honored by the Ministry of Foreign Affairs
of the Republic of China with the Friendship Medal of Diplomacy; and
WHEREAS,
In 2001, Speaker Dini was bestowed the honorary title of Speaker Emeritus, a
first for a Nevada Legislator; and
WHEREAS,
Senator Lawrence E. Jacobsen is a native of Gardnerville, served his country
throughout World War II and is a decorated survivor of the attack on Pearl
Harbor; and
WHEREAS,
Senator Jacobsen served for a remarkable 40 years in the Nevada Legislature,
which included 20 regular legislative sessions and 8 special sessions, this being
an all-time record for legislative service in the State of Nevada; and
WHEREAS,
In 1963, Senator Jacobsen began his tenure in the Legislature with election to
the Nevada State Assembly, and he remained in the Assembly for 16 years and was
elected Speaker of the Assembly for the 1971 Session; and
WHEREAS,
In 1979, Senator Jacobsen began serving in the Nevada State Senate and was
President pro Tempore of the Senate for seven legislative sessions, setting a
record for the longest service of any Senator in this capacity in Nevada
history; and
WHEREAS,
Senator Jacobsen was a member of the Legislative Commission for 26 years,
6 of those years serving as the Chairman of the Commission, as well as
being a member of the Interim Finance Committee for 12 years; and
WHEREAS,
Senator Jacobsen took a particular interest in the buildings, grounds and staff
of the Legislature and the Legislative Counsel Bureau, being the main force
behind moving the Legislature out of the crowded Capitol Building and into a
new and completely separate Legislative Building; and
WHEREAS,
Senator Jacobsen represented the Nevada Legislature for many years through his
work on numerous committees of the National Conference of State Legislatures
and the Council of State Governments; and
WHEREAS,
Always a strong supporter of the military veterans of this state, Senator
Jacobsen sponsored more legislation for the benefit of veterans than any
legislator before him; and
WHEREAS,
The long and distinguished careers of Assemblyman Joseph E. Dini, Jr., and
Senator Lawrence E. Jacobsen will forever serve as models of public service for
future members of the Nevada Legislature; now, therefore, be it
RESOLVED
BY THE ASSEMBLY OF THE STATE OF NEVADA, THE SENATE CONCURRING, That the members of the Nevada
Legislature pay special tribute to and express sincere gratitude to Assemblyman
Joseph E. Dini, Jr., and Senator Lawrence E. Jacobsen in recognition of their
long records of public service to Nevada; and be it further
RESOLVED, That the Chief Clerk of the Assembly
prepare and transmit a copy of this resolution to former Assemblyman Joseph E.
Dini, Jr., and to former Senator Lawrence E. Jacobsen.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio, Titus, McGinness, Townsend, Amodei, Rawson, Neal, Cegavske, Shaffer and President Hunt.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Raggio:
This
is a unique opportunity to join with the Assembly in recognizing two
individuals who probably meant as much to the State of Nevada as any other two
persons in the history of this State. We are recognizing, today, two members of
the Legislature who have served a combined total of 76 years, which is older
than I. It is a pleasure for me to speak to the resolution having had the honor
and privilege of serving in this Legislature with both men for many years. It
is appropriate that we recognize them jointly because the two of them served
almost parallel in this Legislature. Both men served with distinction and rose
to the highest position in the Assembly, that of Speaker. We could never corral
Joe to come to the upper House, but we did get Jake to come over.
Jake
has become a revered person in the Senate and, as the resolution indicates, has
served longer as the President pro Tempore than any other individual.
Each
of these individuals, in their own capacities, has served not only as a
Legislator, but also on many occasions as acting Governor. Many observed that
they did a better job than the sitting Governor on those occasions. It is an
honor, and it is appropriate that we recognize both men today. I will say as
far as Jake is concerned, I thought he had retired, but I have seen him more
this session than I have in the previous sessions.
I am
delighted to tell the members of the Senate that Senator Jacobsen has been
designated to receive our highest honor, the induction into the Senate Hall of
Fame, this session. He will be recognized appropriately on that day. We
congratulate Jake on that. We would do it for Joe, but he never saw fit to
serve in the upper House where the real work of the Legislature is, primarily,
done and finalized. Mouryne has just given me a thumbs down since she served as
the Clerk of the Assembly for so many years and actually made Joe look much
better than he was.
I just want you to know, personally, it was a privilege to serve
with them. They meant so much to this State, and no one was more dedicated than
either of these men. In every part of the State, they were recognized as
leaders and as “doers” who saw to it that things got done for the benefit of
the State, shared in the growth of the State and saw many improvements. Today,
I join with all my colleagues here in recognizing their talent, dedication and
their contribution to the State of Nevada.
Senator Titus:
I
rise in support of this resolution honoring two great Nevadans, Speaker Joe
Dini and Senator Lawrence Jacobsen. Both served as excellent role models
for all lawmakers, here and throughout the country; young and old; new and
experienced. Their good works make us all proud to share with them the title of
Legislator.
Since
my election in 1988, Speaker Dini has been a dear friend and mentor. This
session is going to be especially difficult, and I am going to need the help
and advice of the wily Phoenician even though he has officially retired. I hope
Speaker Dini does not go far way. I will be calling on him before this session
is over.
Thank you both for coming back, today, so that we could recognize
your excellent service and enjoy your good company.
Senator McGinness:
Thank
you, Madam President. Neither of these gentlemen and their spouses were here
this morning to hear the opening prayer, but Dr. Ken Haskins put it succinctly
when we said, “we honor them not only for the length of their service, but for
the quality of their service.” That says it all. They looked to their
constituents and served them well.
Mr.
Speaker said, “the problem with him coming to the Senate was there was always
either Carl Dodge or Lawrence Jacobsen sitting in that seat.” But, he did a
great job in the Assembly.
I, too, got to know both of these gentlemen when they represented
a piece of Churchill County. They did a great job even though it was about
three precincts. They were always there for Churchill County and rural Nevada.
Senator Townsend:
Thank you, Madam President. So many people before me
have spoken so eloquently, but having served and having known both of these
gentlemen for a very long time, I think it is appropriate that I make a few
remarks.
On behalf of every ratepayer of utilities in the State of Nevada,
Joe Dini is owed a great deal of thanks. In the late 1970s, I was advised that
if I wanted help to create the Office of Consumer Advocate, the first person I
needed to speak to was Joe Dini. I had no clue where Yerington was; it was an
experience for me to drive out there. He was nice enough to buy me lunch and
give me guidance and advised me to set up my petition table across the street
from his club where there was the most activity—in front of the post office.
Without his guidance as to where we could get signatures, I am certain the
office would not be in existence today. On behalf of all ratepayers, I say,
thank you, Joe, for that guidance so many years ago.
I promised I would tell a story about Jake today. Jake, Betty, my
wife and I were in San Francisco for a CSG (Council of State Governments)
meeting for three days. Since the Jacobsen’s had not spent any time there, they
asked, since I had gone to college there, if I would show them around. When we
were not in meetings, I took them to a different San Francisco specialty place
and tried to give them a cultural background for breakfast, lunch and dinner. I
did that for three solid days. Then, because Jake does not like to drive, they
asked me to drive home. When we got to Auburn, there was a little place called
Iketa’s, a farmers’ market. They had the greatest hamburgers, all made by hand.
When we were seated, we ordered burgers. Now, these are the kind of burgers that
when you bite into them, everything runs down your arm. It was truly a
wonderful experience. My wife asked Jake how he liked the burger. When he
finished wiping everything from his mouth, he looked at her and said, “Best
meal I have had in three days.”
Jake,
welcome back, and bless you, Betty and your entire family. Thank you both for
serving all of us.
Senator Amodei:
Thank you, Madam President. I come at this from a
different perspective. I am the person who has the most incredibly bad timing
in the history of the State. I have to represent the same area Joe Dini
represented in the Assembly, and I have to try to follow Lawrence Jacobsen in
Douglas County. It is not like climbing a steep hill; it is like trying to
climb a vertical cliff that is about 10,000 feet high. I have given up for I
will not live long enough to get to the top of that mountain that they both
established not only in their districts but also in this State.
As I
have shared with you both, on occasion, one of the things I am proudest of, if
I live long enough to have grandchildren to tell them what I did in this State,
is to say that I served with Joe Dini and Lawrence Jacobsen. Congratulations to
both of you, and if you need anything from the bottom of the totem pole,
including lawns mowed, please feel free to call on me.
Senator Rawson:
Thank you, Madam President. I also rise in support of Assembly
Concurrent Resolution No. 4. I remember a definition of a gentleman, whom
I will paraphrase, “A gentleman will do something for you without asking for
gain for himself.” That is a definition that fits these two men. They are both
gentlemen.
Eighteen
and a half years ago, I met Lawrence Jacobsen for the first time. We were still
in the old building, and he had made the best out of the attic on the third
floor where his office wound around the columns. From these two men, I learned
a love for the rest of this State. I learned to appreciate the importance of
everything from the arts to the industry that goes on in every part of our State.
They had a significant effect on me, and I appreciate their service.
Senator Neal:
Thank you, Madam President. I also rise in support of this
resolution. I have been here for 31 years and have worked with these
gentlemen we honor here, today. I gained a lot of appreciation for them and,
particularly, for Jake who I worked with in the Senate. With Jake’s retirement,
we lost an individual of great independent thought. On occasion, I have found
myself along with Jake discussing the Yucca Mountain issue. Jake felt it was
necessary to support this issue though not a good position for a member of his
party to take. But I really appreciated
the independence he showed.
My good friend, Joe Dini, was a quiet power in this Legislature
and in this State. I recall the first time I met him in 1973. Our Majority
Leader, Senator Raggio, before he was a Senator, wanted to engage in some
pyrotechnics in Mr. Dini’s district, meaning he wanted to burn down one of the
“houses.” There was a bill on the floor to do so, and I was the deciding vote
against that particular piece of legislation. Mr. Dini came to my office and
told me about the “houses” and the taxes received, and I was faced with a
decision.
One of our Democratic leaders had gone to our Bishop and had
gotten a letter of support for the bill. I wondered how I would deal with this.
I was convinced by Mr. Dini’s argument, and I felt the best thing for me to do
was to tell jokes about the bill and laugh it out of the House. That is what
happened to that piece of legislation. One of Senator Raggio’s partners in his
law firm reminded me of that issue, and that was how I met Mr. Dini.
I hope I acquire the
courage that when the time comes for me to retire, I might leave with as much
grace as did Mr. Dini. One day he decided that he was going to retire, and he
did. No one told him he had to leave. He just did. I hope that when my time
comes, I can make that decision with the same strength.
Jake,
you are an individual I really appreciated. I recall a time when we were at a
meeting at Lake Tahoe. They had a big snowstorm, and my car was covered up. I
could not drive it out. It was a rental car so I did not mind leaving it. Jake
drove me to Reno to catch a plane. During the conversation we had during our
drive, Jake asked me why there were not many black individuals living in the
north. I told him it was too cold. A few years later, a delegation from Nigeria
was visiting the Legislature. Jake was asked the same question, and he gave
them my answer. Of course, my answer was just between us, but when Jake made
this statement, he was ribbed about his answer for many years. Now, it is time
for me to set the story straight. It was not Jake; he got the answer from me.
Senator Cegavske:
Thank you, Madam President. I rise in support of
Assembly Concurrent Resolution No. 4. I wanted to say thank you to both Senator
Jake and to Speaker Dini. You have been role models for me. You were friends.
Joe, you showed me leadership, and I want to thank you for the
years in the Assembly that you were there for me. Any time I needed anything, I
was always welcomed. I appreciate you.
Jake, even though I was not in the same House, you were always
there. On the prison tours, I heard many stories and I learned many things
about Nevada I would never have learned.
Many things, I learned from both of you. Joe, I remember the
stories that you told. I remember being interested in cowboy poetry and the
issues of northern Nevada. You brought me newspapers from a long time ago. I
still have them and cherish them. I appreciate you thinking of me by giving
them to me.
It is
most important for both of you to know that you have such outstanding wives. I
feel as close to them as I do to both of you. I thank you for my relationship
with your spouses. I am honored to be a part of honoring you both today.
Senator Shaffer:
Thank you, Madam President. I am honored to have
served with both Joe and Jake during the past 19 years. It has been a pleasure
to see them operate and to try to follow in their footsteps, something very
hard to do.
Joe and I served on many
committees over the years. We traveled and did as much as we could to get
national organizations to come here to have conferences. Jake and I did many
things for the veterans. Jake was a helpful individual and always offered his
help no matter what it was. Our water froze up about 10 years ago. It was -17
degrees, and our pipes froze. I mentioned it to Jake, and he offered the use of
a big heater. He said it would thaw things out in no time. He told me to meet
him behind the legislative building at 4 o’clock. I asked if he meant in the
afternoon. He said, “No, in the morning.” I said, “That is an unusual hour,
Jake, are you sure you are going to be up?” He said, “Yeah, we are going to
check and see if the deer are surviving this cold weather. I do not mind
stopping by and dropping off the heater.” He brought me a torpedo about eight
feet long. I could not lift it let alone get it under the crawl space of the
house, but it did do the job.
A long time ago, Jake and I were in the Natural Resources
Committee and the issue before us was about predators killing the livestock of
a rancher. The rancher tried to get a predator bill passed so he could shoot a
mountain lion that was killing his sheep. There was a lady at the meeting who
was a crusader for animal rights. Whenever a suggestion was given for what to
do with the mountain lions, she objected. She suggested capturing them and
relocating them or castrating them. The rancher was so angered listening to all
of her suggestions he told the committee that the lady did not know what she
was talking about. He said, “Those mountain lions are not trying to have sex
with my sheep; they are eating them!”
I asked him one day where we could get some firewood. He said he
could do it, and the next Saturday, he came to my house with a big truckload of
wood with a splitter. We worked all day and split a truckload of wood. I will
never forget Jake. There is no one else like him.
Good
luck to both of you.
Senator Raggio:
Thank you, Madam President. If we are going to have
Senator Neal’s remarks entered into the Journal, I would like to make a
correction. The bill was not to burn down the “house,” just to close it down.
President Hunt:
I would like to make one comment both to Speaker
Dini and to Senator Jake. They were both very kind to me as I was a novice to
this body. I appreciated that kindness, particularly from Senator Jacobsen. He
took me over to the Ormsby House and filled me in on a lot of things. Those
first weeks that I was here presiding, I could look out, see that friendly face
of confidence, and know that I had a supporter there. You are both, indeed, our
legislative treasures. Congratulations and thank you both for your many years
of service.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
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 David Stix Jr., Paul Seaman, Curt Haffin and Leane Haffin.
On request of Senator Carlton, the privilege of the floor of the Senate Chamber for this day was extended to Josh Dini, Heidi Dini and Jeanne Mouryne Dini.
On request of Senator Cegavske, the privilege of the floor of the Senate Chamber for this day was extended to Beverly Willard.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to former Assembly Speaker Joe Dini, Mouryne Dini, Shane McMurdo, Sheila McMurdo and Doug McMurdo.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Lawrence E. Jacobsen, Betty Jacobsen, Joan Thran and Lynette Boggs McDonald.
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Patricia Guider, Chancellor Jane A. Nichols and David A. Longanecker.
On request of Senator Shaffer, the privilege of the floor of the Senate Chamber for this day was extended to Sharon Shaffer.
On request of Senator Tiffany, the privilege of the floor of the Senate Chamber for this day was extended to Shari Buck.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Jay Dini.
On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to Carl Shaff.
On request of Senator Wiener, the privilege of the floor of the Senate Chamber for this day was extended to Shayne Del Cohen, June Broili, Kathy Cordova, Donna Hunt, Patty Hampton, Meg Hunt, Barbara Land, Donna Penticuff, Carol Pierce, Vivian Sadowski, Marsha Shuler, Ella Wright and Erin Breen.
Senator Raggio moved that the Senate adjourn until Monday, March 3, 2003, at 11 a.m.
Motion carried.
Senate adjourned at 12:36 p.m.
Approved: Lorraine T. Hunt
President
of the Senate
Attest: Claire J. Clift
Secretary of the Senate