THE FIFTEENTH DAY

                               

Carson City (Monday), February 17, 2003

    Senate called to order at 11:25 a.m.

    President Hunt presiding.

    Roll called.

    All present except Senator Neal, who was excused.

    Prayer by the Chaplain, Reverend Bruce Henderson.

    In 1789, President Washington wrote, “It is the duty of all nations to acknowledge the Providence of Almighty God, to obey His will, to be grateful for His benefits and to implore His protection and favor.” Years later, President Lincoln wrote, “…we have forgotten God, and we have vainly imagined that all these blessings were produced by some superior wisdom and virtue of our own.”

    Lord, I come to You, today, as we commemorate these great men, with their same pleas. I pray for obedience, protection and humility. God, bless us. God, bless Nevada. God, bless America. Thank You.

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 was referred Senate Bill No. 8, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Randolph  J. Townsend, Chairman

Madam President:

    Your Committee on Judiciary, to which was referred Senate Bill No. 63, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Judiciary, to which was referred Senate Bill No. 70, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark E. Amodei, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

    By Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O'Connell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington, Wiener; Assemblymen Marvel, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams:

    Senate Concurrent Resolution No. 8—Memorializing former State Senator and longtime rancher, Floyd R. Lamb.

    WHEREAS, The members of the Nevada Legislature note with sadness the death on June 2, 2002, of Floyd R. Lamb, one of this state’s most powerful and productive Legislators; and

    WHEREAS, The eldest of 11 children, Floyd Lamb was born on September 3, 1914, in Alamo, Nevada, to cowboy William “Billy” Grainger Lamb and the former Marion Paris; and

    WHEREAS, Floyd Lamb attended Pahranagat Valley High School and Lincoln County High School and then began his career as a rancher on the family’s ranch; and

    WHEREAS, Following the untimely heroic death of his father in 1939 in a rodeo accident, Floyd assumed the role of head of the family and helped raise his 10 brothers and sisters; and

    Whereas, Floyd Lamb’s public service began in 1946 when he won his first seat on the Lincoln County Commission; and

    WHEREAS, Floyd Lamb served in this capacity until 1956 when he was elected to the Nevada State Senate and thereafter represented the residents of Lincoln County as State Senator during a time when each county elected one Senator; and

    WHEREAS, Because the 1965 reapportionment of the Nevada Legislature forced Lincoln County to share its Senator with other counties, Floyd Lamb moved to Las Vegas, which had gained Senate seats, and won election to the State Senate representing Clark County; and

    WHEREAS, From 1965 to 1983, Floyd Lamb served as Chairman of the Senate Finance Committee, longer than anyone in the history of this state and during a time when Nevada was the fastest growing state in America and public expenditures were planned and made to keep pace with that growth; and

    WHEREAS, During his 26 years as a Legislator, Floyd Lamb personally sponsored over 30 bills that were passed by the Legislature, served as one of the architects of the Taxicab Authority in Clark County, and was an avid supporter of public education in this state at all levels; and

    WHEREAS, In 1977, Floyd Lamb convinced the Legislature to acquire Tule Springs Park from the then financially troubled City of Las Vegas, and the park was later renamed Floyd Lamb State Park in his honor; and

    WHEREAS, In addition to his accomplishments in the political arena, Floyd Lamb was named to the Board of Directors of Nevada National Bank in 1965, was elected President of the Board in 1969, and retired as a bank executive in 1982; and

    WHEREAS, The life of a man who some have said personified “the story of 20th Century Nevada on a horse” will live on in the minds and hearts of many, and especially those who watched the horse-drawn carriage take Floyd Lamb to his final resting place in a dusty but dignified cemetery in the small Nevada ranching town of Alamo where he was born; now, therefore, be it

    RESOLVED BY THE SENATE OF THE STATE OF NEVADA, THE ASSEMBLY CONCURRING, That the members of the 72nd Session of the Nevada Legislature extend their heartfelt sympathy and sincere condolences to Floyd Lamb’s loving wife, Loretta, his two daughters, one son and two stepsons, and his three surviving brothers and two sisters; and be it further

    RESOLVED, That Floyd Lamb will long be remembered as a hardworking family man, a dedicated public servant, a master of the legislative process, a real cowboy and a gentleman; and be it further

    RESOLVED, That the Secretary of the Senate prepare and transmit a copy of this resolution to Floyd Lamb’s beloved wife, Loretta.

    Senator Raggio moved the adoption of the resolution.

    Remarks by Senators Raggio and Rawson.

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


    Senator Raggio:

    Thank you, Madam President. It is a custom in the Senate to pause to memorialize former members of this body who have died. Today, we do so to remember former Senator Floyd Lamb who served in this body for a total of 27 years.

    Floyd was a native Nevadan, a member of one of Nevada’s oldest and most distinguished families. He was born in Alamo in 1914 and graduated from Lincoln County High School. That was the extent of his formal education. He told me on a number of occasions that he originated the term, “the school of hard knocks.” He said it was his proudest achievement to graduate from that school.

    He worked at his father’s ranch, and as we learned in the resolution, his father, who was a great cowboy in his day, was killed in a tragic accident during a rodeo. As the oldest sibling, Floyd became head of the family and helped to raise ten brothers and sisters. He did so in a caring way, and his brothers and sisters grew to be prominent in their own right. Many of us knew his brothers, Ralph, who served as Clark County Sheriff, and Darwin, who was a county commissioner. Every member of the Lamb family had some influence throughout this State.

    At the age of 32, he was elected county commissioner in Lincoln County. Ten years later, he was elected to the Nevada State Senate as a Senator from Lincoln County. At that time, every county had one Senator. As one of seventeen Senators, he distinguished himself quite early as a leader in the Senate. When the 1965 reapportionment created Senate districts based on population, Floyd moved and was elected to represent Clark County. He served continuously from 1957 to 1983, a total of 27 years. As a life-long Democrat, he was a leading political leader of this State for over three decades.

    This resolution outlines many of his accomplishments as a rancher, a parent, a banker and as a legislator, but it does not indicate the dominant roll he played in the legislative process. He served a record ten regular sessions as chairman of the Committee on Finance. I had the opportunity to serve with him on that committee for a number of years. Floyd had a rough edge. He barked a lot. He was a curmudgeon. I remember a time when Floyd kicked a reporter in the shins. He received a great deal of attention for that act, but Floyd did not care. He was cantankerous, but under the rough cover, there was a caring and concerned individual.

    Our system of education in this State owes a great deal to Floyd Lamb. As chairman of the Committee on Finance, he was instrumental in seeing that appropriate funding existed for kindergarten through 12th grade. He took a great deal of pride in helping to develop the Community College System and the University of Nevada, Las Vegas, originally known as Nevada Southern University. Many of the buildings on that campus exist as the result of efforts of Floyd Lamb.

    He never forgot about the rest of the State. He looked upon the entire State with affection. He was a true Nevadan with a spirit which has permeated the entire Lamb family. He loved rural Nevada as well as he protected the interests of urban Nevada. No events of his later life should detract from the dedicated service he provided through his three decades of legislative service. He was a dynamic force, a rugged individual and a caring human being. He loved this State and we are better off for his service to it.

    Senator Rawson:

    Thank you, Madam President. I would like to lend my support to Senator Raggio’s comments. Many people will say that the only good thing about the “good old days” is that they are indeed the “good old days.” We really would not want to go back to living by horse and buggy, but one of the good things about the “good old days” was that in it there were people like Floyd Lamb, Jim Gibson and many others. They were known as the “gas house gang” in Senate Finance because they were so hard on the budget issues.

    Floyd was always civil, polite and instructive to me. I developed an appreciation of the grand nature of the Senate and an understanding of the dignity and civility by which we treat our fellow Senators while doing the important work of the State. He set the stage for my generation of Legislators. I appreciate him very much for that.

   


    Resolution adopted.

    Senator Raggio moved that all rules be suspended and that Senate Concurrent Resolution No. 8 be immediately transmitted to the Assembly.

    Motion carried unanimously.

    Resolution 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 11:43 a.m.

SENATE IN SESSION

    At 11:44 a.m.

    President Hunt presiding.

    Quorum present.

    Senator Raggio moved that the following persons be accepted as accredited press representatives, and that they be assigned space at the press table and allowed the use of appropriate media facilities: ELECTRIC NEVADA: Daniel Joseph and GALA PRODUCTIONS: Gary Ashby.

    Motion carried.

    Senator Townsend moved that Senate Bill No. 11 be taken from the Secretary's desk and placed on the bottom of the General File.

    Remarks by Senator Townsend.

    Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

    By the Committee on Commerce and Labor:

    Senate Bill No. 133—AN ACT relating to psychiatrists; revising the requirements for certain licenses to practice medicine if the applicant intends to practice medicine at certain mental health centers under certain circumstances; and providing other matters properly relating thereto.

    Senator O'Connell moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    By Senator Care:

    Senate Bill No. 134—AN ACT relating to gaming; repealing the prohibition on the assignment of the right to periodic payments of winnings from gaming; and providing other matters properly relating thereto.

    Senator Care moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    By Senators Titus, Rhoads, Carlton, Schneider, McGinness and Amodei:

    Senate Bill No. 135—AN ACT relating to wildlife; revising the provisions governing the killing or possessing of certain animals; revising the penalties for violating those provisions; and providing other matters properly relating thereto.


    Senator Titus moved that the bill be referred to the Committee on Natural Resources.

    Motion carried.

    By Senators Hardy, O'Connell, Cegavske, Townsend, Amodei, Care, Coffin, McGinness, Nolan, Schneider, Shaffer, Tiffany and Titus:

    Senate Bill No. 136—AN ACT relating to property; revising provisions governing the assessment of fines by a unit-owners’ association; requiring a unit-owners’ association to provide written notice and a hearing before it may impose fines against certain persons who violate the governing documents of the association; providing exceptions; and providing other matters properly relating thereto.

    Senator Hardy moved that Senate Standing Rule No. 40 be suspended and that the bill be referred to the Committee on Commerce and Labor.

    Remarks by Senator Hardy.

    Motion carried.

    By the Committee on Legislative Affairs and Operations:

    Senate Bill No. 137—AN ACT relating to persons with disabilities; establishing a Legislative Committee on Persons With Disabilities; prescribing the powers and duties of the Committee; requiring the Department of Human Resources to submit certain reports to the Committee; and providing other matters properly relating thereto.

    Senator Washington moved that the bill be referred to the Committee on Legislative Affairs and Operations.

    Motion carried.

    By the Committee on Human Resources and Facilities:

    Senate Bill No. 138—AN ACT relating to welfare programs; requiring the Director of the Department of Human Resources to enter into an agreement with the Federal Government to determine eligibility for Medicaid at the same time the Federal Government determines eligibility for the Supplemental Security Income Program; and providing other matters properly relating thereto.

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

    Motion carried.

SECOND READING AND AMENDMENT

    Senate Bill No. 17.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 1.

Amend section 1, page 2, by deleting lines 9 through 11 and inserting:

    4.  No person may be prosecuted under this section if the conduct would give rise to prosecution under any other provision of law.”.

    Senator Wiener moved the adoption of the amendment.

    Remarks by Senator Wiener.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 57.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 2.

Amend section 1, page 2, line 17, by deleting “or”.

    Senator Wiener moved the adoption of the amendment.

    Remarks by Senator Wiener.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

GENERAL FILE AND THIRD READING

    Senate Bill No. 48.

    Bill read third time.

    Remarks by Senators Care, Rawson, and Amodei.

    Roll call on Senate Bill No. 48:

    Yeas—20.

    Nays—None.

    Excused—Neal.

    Senate Bill No. 48 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 55.

    Bill read third time.

    Remarks by Senator Amodei.

    Roll call on Senate Bill No. 55:

    Yeas—20.

    Nays—None.

    Excused—Neal.

    Senate Bill No. 55 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 11.

    Bill read third time.

    Roll call on Senate Bill No. 11:

    Yeas—20.

    Nays—None.

    Excused—Neal.

    Senate Bill No. 11 having received a constitutional majority, Madam President declared it passed.

    Bill 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 Leroy Godman and Diana Godman.

    On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Marsha Leason, Jack Leason, Rosalie Morgan, Britton Allen, Halley Morgan, Rylie Morgan, Kandace Jones, Michael Jones, Kenaidi Jones and Easton Jones.

    On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Rosalie Bingham Morgan.

    Senator Raggio moved that the Senate adjourn until Tuesday, February 18, 2003, at 11 a.m.

    Motion carried.

    Senate adjourned at 12:05 p.m.

Approved:                                                                  Lorraine T. Hunt

                                                                                   President of the Senate

Attest:    Claire J. Clift

                Secretary of the Senate