THE FORTY-FIFTH DAY

                               

Carson City (Wednesday), March 19, 2003

    Senate called to order at 11:15 a.m.

    President Hunt presiding.

    Roll called.

    All present except Senator Carlton, who was excused.

    Prayer by the Chaplain, James Sadilek, Baha'i Faith of Carson City.

    O Thou kind Lord! These are Thy servants who have gathered in this meeting, have turned unto Thy kingdom and are in need of Thy bestowal and blessing. O Thou God! Manifest and make evident the signs of Thy oneness which have been deposited in all the realities of life. Reveal and unfold the virtues which Thou hast made latent and concealed in these human realities.

    O God! We are as plants, and Thy bounty is as the rain; refresh and cause these plants to grow through Thy bestowal. We are Thy servants; free us from the fetters of material existence. We are ignorant; make us wise. We are dead; make us alive. We are material; endow us with spirit. We are deprived; make us the intimates of Thy mysteries. We are needy; enrich and bless us from Thy boundless treasury. O God! Resuscitate us; give us sight; give us hearing; familiarize us with the mysteries of life so that the secrets of Thy kingdom may become revealed to us in this world of existence and we may confess Thy oneness. Every bestowal emanates from Thee; every benediction is Thine.

    Thou art mighty. Thou art powerful. Thou art the giver, and Thou art the ever-bounteous.

'Abdu'l-Baha.

    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 Government Affairs, to which was referred Assembly Bill No. 46, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Ann O'Connell, Chairman

Madam President:

    Your Committee on Judiciary, to which were referred Assembly Bills Nos. 27, 53, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mark E. Amodei, Chairman

Madam President:

    Your Committee on Natural Resources, to which was referred Assembly Bill No. 129, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Dean A. Rhoads, Chairman


MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, March 18, 2003

To the Honorable the Senate:

    I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 135, 147, 216.

    Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 162, 203, 218, 232.

    Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 22.

Diane Keetch

Assistant Chief Clerk of the Assembly

Assembly Chamber, Carson City, March 19, 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. 7.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

    Senate Concurrent Resolution No. 11.

    Senator Rawson moved the adoption of the resolution.

    Remarks by Senator Rawson.

    Resolution adopted.

    Resolution ordered transmitted to the Assembly.

    Assembly Concurrent Resolution No. 7—Memorializing former mining lobbyist and Nevada Tax Commissioner, Howard Winn.

    Whereas, The Nevada State Legislature notes with sadness the passing of W. Howard Winn on December 12, 2001, at a ranch near Silver City, New Mexico; and

    Whereas, Howard Winn was born to W. , Henry and Annie Ritz Winn on May 16, 1916, in Howard County, Missouri, and moved with his family to spend his childhood on a wheat farm and attend schools in McPherson, Kansas; and

    Whereas, After earning a Bachelor of , Science degree in Mining Engineering from the University of Kansas in 1939, Howard Winn joined Kennecott Copper Corporation where his 36-year career included work as a Design Engineer, Smelter Superintendent, Concentrator Superintendent and Reduction Plant Superintendent in several of the company’s operations before his appointment as General Manager of the Nevada Mines Division in Ely, a position that he held for the last 12 years until his retirement in 1976; and

    Whereas, In 1935, Howard Winn married , Chrysie Bailey and, after her death in 1987, Howard memorialized their love of 52 years with his establishment of the Chrysie P. Winn Memorial Endowment, which provides funding for the enhancement of the mining and geology collection of the DeLaMare Library of the Mackay School of Mines at the University of Nevada, Reno, where the Chrysie P. Winn Reading Room has been named in her honor; and

    Whereas, A long-standing member of the  American Institute of Mining and Metallurgical Engineers and the Society of Mining Engineers, Howard Winn was a consultant to the Nevada Mining Association for 12 years after his retirement from Kennecott and also served for 19 years on the Nevada Tax Commission; and

    Whereas, Believing that laws should be  written for the benefit of the public generally, Howard Winn worked as a lobbyist at the Nevada Legislature not only for the mining industry but for all Nevadans, and his efforts resulted in the passage of many laws that protect the State’s wildlife and air and water quality; and

    Whereas, In addition to the  scholarship-endowed trust established by him at the Mackay School of Mines, Howard Winn demonstrated his love for people and for the mining industry by mentoring many men and women who achieved much in their own careers in mining and by supporting a prominent role for women in the industry before it was popular to do so; and

    Whereas, Howard Winn was also preceded, in death by his second wife, Arvada, and is remembered as a man of the greatest honor and integrity who respected all people for their individual abilities to contribute to the greater good; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 72nd session of the Nevada Legislature extend their condolences to the many friends of W. Howard Winn; and be it further

    Resolved, That the table, beautifully crafted by Howard Winn and located in the Chrysie P. Winn Reading Room, will be a reminder of the generosity and love of this man who left his mark on the mining industry and the people of Nevada.

    Senator Rhoads moved the adoption of the resolution.

    Remarks by Senators Rhoads and Raggio.

    Senator Rhoads requested that the following remarks be entered in the Journal.

    Senator Rhoads:

    Thank you, Madam President. Howard Winn spent most of his life in the mining industry, 36 of those years, at the Kennecott Copper Mine in Ely. I came to know him during the last 12 years of his career with Kennecott Copper when he was General Manager. He retired in 1976; the same year I was elected to the Assembly. For the next 12 years, he worked for the Nevada Mining Association.

    When I joined the Assembly in 1977, there were only five Republicans and I was the only newly elected one. He was the one person I came to know quite well. I consulted with him almost on a weekly basis. I learned much from our conversations. He was always the man behind the scenes getting things done. He had a keen insight during those early years. He understood we had to protect the State and to clean our air and water. This was a position not popular with the mining and ranching industry, but he prevailed. He was a quiet man, full of wisdom. A man of great credibility, he was respected by the Governor, the Legislators and his peers. Please join me in supporting this resolution.

    Senator Raggio:

    Thank you, Madam President. I also had the pleasure of knowing Howard Winn. I always enjoyed meeting with him whenever I was in Ely. He was a gentleman while with Kennecott Copper and probably epitomized the way a large company like that should be run. If Howard Winn was running a company, it was not going to turn out like Enron. He knew how to deal with people, and he was highly regarded and respected in the Legislature.

    Resolution adopted.

    Resolution ordered transmitted to the Assembly.

INTRODUCTION, FIRST READING AND REFERENCE

    Assembly Bill No. 135.

    Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Assembly Bill No. 147.

    Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.


    Assembly Bill No. 162.

    Senator Rawson moved that the bill be referred to the Committee on Finance.

    Motion carried.

    Assembly Bill No. 203.

    Senator Rawson moved that the bill be referred to the Committee on Finance.

    Motion carried.

    Assembly Bill No. 216.

    Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Assembly Bill No. 218.

    Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.

    Motion carried.

    Assembly Bill No. 232.

    Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

SECOND READING AND AMENDMENT

    Assembly Bill No. 94.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 101.

    Bill read second time and ordered to third reading.

GENERAL FILE AND THIRD READING

    Senate Bill No. 146.

    Bill read third time.

    Roll call on Senate Bill No. 146:

    Yeas—20.

    Nays—None.

    Excused—Carlton.

    Senate Bill No. 146 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 169.

    Bill read third time.

    Roll call on Senate Bill No. 169:

    Yeas—20.

    Nays—None.

    Excused—Carlton.

    Senate Bill No. 169 having received a two-thirds majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 186.

    Bill read third time.

    Roll call on Senate Bill No. 186:

    Yeas—20.

    Nays—None.

    Excused—Carlton.

    Senate Bill No. 186 having received a two-thirds majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 196.

    Bill read third time.

    Remarks by Senators Care and Neal.

    Roll call on Senate Bill No. 196:

    Yeas—20.

    Nays—None.

    Excused—Carlton.

    Senate Bill No. 196 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 205.

    Bill read third time.

    Remarks by Senators Neal, Amodei, Coffin and Rawson.

    Senator Amodei moved that Senate Bill No. 205 be taken from the General File and placed on the General File for the next legislative day.

    Motion carried.

    Senate Bill No. 231.

    Bill read third time.

    Roll call on Senate Bill No. 231:

    Yeas—20.

    Nays—None.

    Excused—Carlton.

    Senate Bill No. 231 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 232.

    Bill read third time.

    Remarks by Senators Neal and Amodei.

   


Roll call on Senate Bill No. 232:

    Yeas—20.

    Nays—None.

    Excused—Carlton.

    Senate Bill No. 232 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

MOTIONS, RESOLUTIONS AND NOTICES

    Senator Raggio moved that Assembly Bills Nos. 22, 33, 93 be taken from the General File and placed on the General File for the next legislative day.

    Motion carried.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

    There being no objections, the President and Secretary signed Senate Concurrent Resolution No. 18.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

    On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Elwin Robison, Marge Robison and Fred Gibson.

    On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to Joyce Newman and Tom Young.

    On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Nick Christiansen.

    Senator Raggio moved that the Senate adjourn until Thursday, March 20, 2003, at 11 a.m.

    Motion carried.

    Senate adjourned at 11:59 a.m.

Approved: Lorraine T. Hunt

President of the Senate

Attest:    Claire J. Clift

                Secretary of the Senate