NEVADA LEGISLATURE

THE FORTY-FOURTH DAY

Carson City (Tuesday), March 18, 2003

Senate called to order at 11:07 a.m.

President Hunt presiding.

Roll called.

All present except Senator Carlton, who was excused.

Prayer by the Chaplain, Annette Donner, Baha'i Faith of Carson City.

Be calm, be strong, be grateful and become a lamp full of light, that the darkness of sorrows be annihilated, and that the sun of everlasting joy arise from the dawning place of heart and soul shining brightly.

O God, my God! Aid Thou Thy trusted servants to have loving and tender hearts. Help them to spread, amongst all the nations of the earth, the light of guidance that cometh from the Company on high.

Verily, Thou art the strong, the powerful, the mighty, the all subduing, the ever-giving. Verily, Thou art the generous, the gentle, the tender, the most bountiful.

'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 Human Resources and Facilities, to which was referred Senate Concurrent Resolution No. 11, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Raymond D. Rawson, Chairman

Madam President:

Your Committee on Judiciary, to which were referred Assembly Bills Nos. 94, 101, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mark E. Amodei, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, March 17, 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. 60, 74, 82, 89, 111, 133, 148, 236, 252.

Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 73, 194.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 18.

Diane Keetch

Assistant Chief Clerk of the Assembly

WAIVERS AND EXEMPTIONS

Notice of Exemption

March 17, 2003

The Fiscal Analysis Division, pursuant to Joint Standing Rule No. 14.6, has determined the exemption of: Senate Bills Nos. 252, 259, 288.

Gary Ghiggeri

Fiscal Analysis Division

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 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, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams:

Senate Concurrent Resolution No. 22—Memorializing Edmund J. Cain, Dean Emeritus of the University of Nevada, Reno, College of Education.

Whereas, On January 17, 2003, higher education in Nevada lost a leader and educational administrator extraordinaire with the death of Edmund J. Cain, the man who is viewed as having modernized teacher education and who established an international reputation for the College of Education at the University of Nevada, Reno; and

Whereas, Born in Chico, California, on March 19, 1918, Edmund Cain, attended schools in Chico and helped support his family until his enlistment in the United States Army following the bombing of Pearl Harbor; and

Whereas, Assigned to the Signal Corps based in Fort Monmouth, New Jersey, Edmund Cain met and married Virginia Hartigan, eventually rose to the rank of Captain and, because of his nondiscriminatory manner, was selected to lead an African-American company during the invasion and occupation of Okinawa, Japan; and

Whereas, On returning to New Jersey following his discharge from the Army, Edmund Cain entered Columbia University where he earned his bachelor’s, master’s and doctoral degrees in the field of education; and

Whereas, Following his first college teaching position with Western Connecticut State University, Edmund Cain became a professor of education at the University of Delaware where he developed innovative methods for teacher development, and it was during his tenure there that his interest in international education prompted him to take a leave of absence to be a consultant with UNESCO, the United Nations Educational, Scientific and Cultural Organization, in Santiago, Chile, for 2 years; and

Whereas, Dr. Cain later served as a consultant to the Institute of International Education, was a founder of the International Council on Education for Teaching and was selected to head one of the first teams of Americans to go behind the Iron Curtain to evaluate the state of education in Yugoslavia; and

Whereas, Fortunately for the State of Nevada, Dr. Cain chose to accept the challenges of a growing Nevada campus and joined the University of Nevada faculty in 1964 where, as Dean of the College of Education for the next 20 years, he led a period of extraordinary statewide development for Nevada education which emphasized laboratory experiences for student teachers, spearheaded tutoring opportunities for disadvantaged youngsters in lower-income neighborhoods and included the development of the first international student exchange program for the College; and

Whereas, Dr. Cain’s belief that demonstration laboratories and updated classrooms were essential teaching tools resulted in a new College of Education, dedicated in 1972, which was rededicated and named in his honor in 1998; and

Whereas, As Dean Emeritus of the College of Education of the University of Nevada, Reno, Dr. Edmund Cain was appointed to the Board of Directors of the Far West Laboratory for Educational Research and Development in 1996; and

Whereas, Community service was also a part of Edmund Cain’s life as evidenced in his involvement with the United Way, Rotary and the Boy Scouts of America who honored him in 1998 as a Distinguished Eagle Scout for his 65 years of service to the Boy Scouts; and

Whereas, Edmund Cain is survived by Virginia, his wife of 58 years, his sons, Edmund and James, his daughter, Mary-Ellen McMullen, six grandchildren and two great-grandchildren; 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 deepest sympathy to the family and friends of Edmund J. Cain, especially to his wife, Virginia; and be it further

Resolved, That Edmund J. Cain Hall on the campus of the University of Nevada, Reno, will stand as a testimony to the man whose vision was a leading force in the growth of teacher education in the State of Nevada; and be it further

Resolved, That the academic achievement of the children of this state will be a legacy to Edmund Cain who breathed life into the education of teachers during his decades of service to higher education in Nevada; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Edmund Cain’s beloved wife, Virginia.

Senator Raggio moved the adoption of the resolution.

Remarks by Senators Raggio, Mathews and Townsend.

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

Senator Raggio:

Thank you, Madam President. Dr. Edmund Cain was a remarkable individual and probably one of the most prominent educators in the history of our State.

Dean Cain made a great impact in the history of the teaching profession and in higher education as well. As Dean of the College of Education from 1964 to 1984, he was responsible for the development of thousands of our Nevada teachers. They looked to him as a teacher and as a mentor. He was an ardent advocate of improving the quality of education through new techniques and programs. He came to Nevada with vast experience. He developed innovative techniques for the teaching profession while he was a professor at the University of Delaware.

In addition to his teaching career in higher education in the United States, he achieved international recognition for his efforts in education in various countries. He worked with UNESCO, the United Nations Educational, Scientific and Cultural Organization, in Santiago, Chile, and with the International Council of Education for Teaching, which was at the time behind the Iron Curtain in Yugoslavia.

Nevada lost a brilliant educator, but his heritage will live on with the thousands of Nevada teachers who were developed through his leadership as Dean of the College of Education and with the hundreds of thousands of Nevada students who have benefited from the training of our teachers. The quality of our teaching profession is proof that his heritage will live on in the children who benefited from his philosophy on education. We are fortunate to have had Dr. Ed Cain as Dean of the College of Education at the University of Nevada, Reno.

Senator Mathews:

Thank you, Madam President. I, too, rise in support of this resolution. I knew Dean Cain for many years. In 1974, I was applying for graduate school. Since I never do anything on time, someone reminded me that since I was applying for graduate school and since my classes were already picked out, I had better make an appointment to see Dr. Cain.

Well, I bounced right over to his office and told him I was enrolling in graduate school in three weeks. He started to ask me questions, and it was then that I realized I had not done any of the things I needed to do before I could enroll in graduate school. I had not taken the Graduate Record Exam. Now, that day was Monday, and the test was due to be given that Saturday. I thought, “Oh, my God, I am the worst exam taker in the world.” I told him that I could not take an exam on Saturday. He told me I was right because I had to apply to take that exam, and I needed to apply weeks ahead of the exam date. I had not done that, either. I asked him, “Do you have to pay to take this exam?” He told me, yes, I would have to pay. Here I was between paydays with kids at home, and I could not afford to pay for the exam even if I could take it Saturday. He said he would pay for the exam and he would call Berkley. His family does not even know that he did this for me. He called that day to make special arrangements so I could take the exam on Saturday. Now, here I was in a real dilemma. I had no money, had not looked at a book to study for the Graduate Record Exam, had no clue what would be on it, and I thought, “what the heck, I cannot be much dumber than most of the folks who are going to take it. I am, at least, somewhere in the middle.” I bounced over there and took the test. I never paid back Dean Cain, but I hope that I paid him back by not making him look bad and that I did not embarrass him. It was because of him I took the Graduate Record Exam and was admitted to graduate school.

I loved him so very much and loved his family. His wife, daughter and her husband, Sam, have been very special in my life. I am happy they touched my life, and I hope they are not embarrassed by what Dean Cain did for me.

Senator Townsend:

Thank you, Madam President. The family need not worry that Dean Cain reached into his pocket to pay for Senator Mathews’ test because when I asked him to help me, he charged me double the price to cover her.

I rise, of course, in support of this resolution for many reasons. Dean Cain was my first employer in Nevada. When Senator Mathews and I went through graduate school together, which just shows the strength of the program for it survived the two of us, there was not a professor there who was not questioned by us both.

Dean Cain secured a position for me as an adjunct faculty member when I finished graduate school. That was one of the great times of my life. There are many stories we could all tell about him. What amazes me is that the female side of his family has never changed. Mrs. Cain and her daughter, who are both seated here, today, with the Majority Leader, look just as they did many years ago. His son-in-law and myself, however, have changed substantially, and we have photos to prove it.

During my tenure as an adjunct faculty member, I started my professional racing career. My first race was a small, little event called the 24 Hours of Daytona. We drove as a group for Porsche. The team was named Team Reno. We did very well. We were on the front page of several papers and things were going well. I have on my wall a letter I received from Dean Cain congratulating me. He stated I had done well, and I had honored the College of Education and all those in Nevada. The letter is one of my prized possessions, and I have it hanging on a wall in my home. I prize it over all of the many things I have received over the years.

This was the type of man he was, and for those like Senator Mathews and I who were fortunate enough to know him and to experience the warm and kind human being he was, we are better people for it. I hope that today is a small token of our appreciation for all he did for all of us.

Resolution adopted.

Senator Raggio moved that all rules be suspended and that Senate Concurrent Resolution No. 22 be immediately transmitted to the Assembly.

Motion carried unanimously.

Resolution ordered transmitted to the Assembly.

By the Committee on Legislative Affairs and Operations:

Senate Joint Resolution No. 7—Declaring the support of the Nevada Legislature for America’s missile defense system.

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

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Government Affairs:

Senate Bill No. 392—AN ACT relating to public works; establishing a pilot program for the use of indefinite quantity contracts by the Clark County School District for certain public works; and providing other matters properly relating thereto.

Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

By the Committee on Judiciary:

Senate Bill No. 393—AN ACT relating to children; providing for the release of certain records of pupils under certain circumstances; and providing other matters properly relating thereto.

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

Motion carried.

By the Committee on Judiciary:

Senate Bill No. 394—AN ACT relating to crimes; revising the provisions of the crime relating to the annoyance and molestation of a minor to prohibit certain acts committed against certain children and mentally ill persons; prohibiting the luring of a child or mentally ill person under certain circumstances; providing that certain crimes committed against certain children or mentally ill persons constitute sexual offenses for the purposes of various statutes; providing that certain crimes committed against certain children or mentally ill persons constitute immoral conduct for the purposes of certain provisions related to educational personnel and that certain licensed educational employees forfeit their rights of employment if convicted of such crimes; revising certain provisions of the crime relating to manufacturing or compounding certain controlled substances; providing penalties; and providing other matters properly relating thereto.

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

Motion carried.

By the Committee on Commerce and Labor:

Senate Bill No. 395—AN ACT relating to court reporters; authorizing the Certified Court Reporters’ Board of Nevada to place a court reporter or court reporting firm on probation or impose an administrative fine against the court reporter or court reporting firm under certain circumstances; authorizing the Board to employ an Executive Secretary on a full-time basis; expanding the circumstances under which the Board may refuse to issue or renew or suspend or revoke the certificate of a court reporter for performing certain acts; eliminating the provisions that require the holder of a certificate to place the number of his certificate on certain advertisements, solicitations, stationery and listings in telephone directories; and providing other matters properly relating thereto.

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

Motion carried.

By the Committee on Finance:

Senate Bill No. 396—AN ACT making a supplemental appropriation to the Health Division of the Department of Human Resources for an unanticipated shortfall in money for Fiscal Year 2002-2003 resulting from the increased cost of the maintenance of effort requirement for the Substance Abuse and Treatment Block Grant; and providing other matters properly relating thereto.

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

Motion carried.

Assembly Bill No. 60.

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

Motion carried.

Assembly Bill No. 73.

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

Motion carried.

Assembly Bill No. 74.

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

Motion carried.

Assembly Bill No. 82.

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

Motion carried.

Assembly Bill No. 89.

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

Motion carried.

Assembly Bill No. 111.

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

Motion carried.

Assembly Bill No. 133.

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

Motion carried.

Assembly Bill No. 148.

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

Motion carried.

Assembly Bill No. 194.

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

Motion carried.

Assembly Bill No. 236.

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

Motion carried.

Assembly Bill No. 252.

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

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 169.