THE FIFTY-THIRD DAY

Carson City (Thursday), March 27, 2003

Senate called to order at 11:20 a.m.

President Hunt presiding.

Roll called by former Secretary of the Senate, Jan Thomas.

All present except Senator Tiffany, who was excused.

Prayer by the Chaplain, Pastor Albert Tilstra.

As children bring their broken toys for us to mend, we bring our broken dreams to You, O God. And then complain as to why You could be so slow, to which You reply, “How could I work; You never did let go.”

Help us to remember Your words to us: “They that wait on the Lord will renew their strength. They will soar on wings like eagles. They will run and not get weary. They will walk and not faint.”

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. 396, 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 Judiciary, to which were referred Senate Bills Nos. 134, 286, 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. 265, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass, and re-refer to the Committee on Finance.

Also, your Committee on Judiciary, to which were referred Senate Bills Nos. 40, 105, 197, 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

Madam President:

Your Committee on Natural Resources, to which were referred Senate Joint Resolution No. 2; Assembly Bill No. 90, 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 26, 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. 248, 302, 306.

Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 71, 153.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 25.

Diane Keetch

Assistant Chief Clerk of the Assembly

Assembly Chamber, Carson City, March 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. 12.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

By Senators Raggio, Titus, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O'Connell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Townsend, Washington and Wiener:

Senate Resolution No. 5—Inducting Warren L. “Snowy” Monroe 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, Warren L. Monroe, fondly known as “Snowy” by his friends and colleagues, served three terms in the Nevada Assembly and in 1958 was elected to the Senate where he served nine consecutive sessions for a total of 24 years of service in the Legislature; and

Whereas, Warren Monroe’s years as a Senator included five terms on the Senate Judiciary Committee, four of those as Chairman, and five terms on the Transportation Committee, serving as Chairman in 1965 on that committee’s predecessor, the Aviation, Transportation, and Highways Committee; and

Whereas, During his legislative service, Warren Monroe was instrumental in the development of the program for state historical markers, the adoption of the Uniform Commercial Code and the establishment of the Commission on Peace Officers’ Standards and Training; and

Whereas, After decades of involvement with the Humboldt Star and the Elko Independent newspapers, Warren Monroe was honored with the Silver Makeup Rule Award presented by the Nevada State Press Association in recognition of his longtime service to the business, the State and his community, and it was this award that earned him posthumous induction into the Nevada Newspaper Hall of Fame upon its resurrection in 1998; and

Whereas, Warren Monroe was named “Distinguished Nevadan” in 1986, and was known for his colorful personality that brightened the day for everyone with whom he came in contact; now, therefore, be it

Resolved by the Senate of the State of Nevada, That Warren L. Monroe, who dedicated his life to the best interests of the people of Nevada, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.

Senator Titus moved the adoption of the resolution.

Remarks by Senators Titus, Rhoads, Raggio and Neal.

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

Senator Titus:

Thank you, Madam President. I am pleased to speak on behalf of inducting Senator Warren Monroe into our Hall of Fame. He was affectionately known as “Snowy” by his colleagues, friends and family. Senator Monroe represented Elko in this Legislature for 24 years and did so with both dignity and aplomb. I have heard many stories over the years in these halls about Senator Monroe’s deeds and exploits, and greatly regret that I never knew him nor had the chance to work with him.

In addition, to his many accomplishments described in the resolution, I have just learned that Senator Monroe was instrumental in the development of the State’s historical markers program. Indeed, he has left a visible legacy throughout Nevada. The next time you are driving across the State, and you stop to read a marker about our history, take a moment to think of Senator Monroe and send him a little wave of thanks.

Senator Rhoads:

Thank you, Madam President. I rise in support of the resolution. “Snowy” served 18 years in the Senate, and 6 years in the Assembly. I never knew “Snowy” all that well because he retired from the Senate in the year that I was elected to the Assembly.

He served the Elko County area in leadership positions, and after reapportionment, he also served the Humboldt County area. He was the owner and publisher of the Elko Independent, a weekly publication that used to disagree quite often with the Elko Free Press.

After I was elected, and entered the political world, I learned quickly that you do not get in a fight with someone who owns a newspaper. “Snowy” treated me fairly on most occasions, and he served the northeastern part of the State well. I certainly agree with the resolution inducting former Senator Monroe in to the Hall of Fame. He certainly protected and enhanced northeastern Nevada.

Senator Raggio:

Thank you, Madam President. Hearing the previous remarks and looking around this body, I think that only Senator Neal and I actually served with “Snowy” Monroe. Senator Neal will agree with me that we were both cautious after first meeting Senator Monroe when we arrived in this body.

“Snowy” was one of the leading members of the “Gas House Gang” in the Senate which generally comprised the Senate Finance Committee. That committee, at that time, was not the “soft-touch” that it is today. They really put you though the ropes and were known to kill more bills than were passed in the Legislature.

Senator Monroe was an interesting man, kind of a curmudgeon, but I do not say that in any negative sense. He was a man who was out-spoken, and let you know where he stood on any matter. If he did not like something, he let you know about it. Eilene Brookman, an Assemblywoman, stomped out of his office because she had a bill that was not being heard. She went back to him to demand, “Why,” and he said, “Because it is down in this drawer.” She asked what he was going to do about it, and he said, “Well, I am going to leave it in the drawer.”

Senator Monroe also established the driving record from Elko to Carson City. It averaged somewhere around 100 miles per hour, and that record still stands today.

During the years I worked with him here in the Senate, he really took an interest in the State. There were not the complex issues that we have today, but there were serious problems for a growing State. He dealt with the entire State in his capacity as he chaired the Transportation and Judiciary committees over a 10-year period.

In dealing with “Snowy,” I always found him to be fair and concerned, which added a great deal to the dignity and history of this Senate.

In speaking, today, I would like to also acknowledge and thank, on behalf of Leadership, Guy Louis Rocha, Assistant Administrator for Archives and Records, and Bob Erickson, Legislative Counsel Bureau’s Research Director, for their efforts and time they put forth in the Hall of Fame. These gentlemen do all the research and make the recommendation to Leadership as to who meets the qualifications for induction into the Hall of Fame.

I would like to endorse this resolution and induct former Senator Warren “Snowy” Monroe into the Hall of Fame.

Senator Neal:

Madam President, and members of the Senate, I rise in support of the resolution. In looking at the list of individuals who have already been inducted, I find that I know most of them and that is worrying me. I may have been around here too long.

He was already in the Senate when I was elected in 1973. On one memorable occasion, I was trying to stop some of the big trucks on our roads. It was one of my big issues. I came up with the bright idea that if they got a bill out of the committee to extend the weight limits on the trucks, I could get an amendment to remove the enactment clause. That came to the floor and caught most of the Senators off guard with what was happening. “Snowy” who was in the front row, rose up and gave a big speech about the game commission. They wanted a resolution or law enacted relative to game within the State, not gambling, but birds and things of that sort. He spoke about the fact they went out and got all these petitions signed and submitted them to the Secretary of State, and the Secretary of State would not accept them. He said, the reason they would not accept them was because it did not have any enacting clause. I knew at that point my little game had been blown. He had figured out what I was going to do because what would have happened if the bill had passed is that it would have gone all the way through the House, to the Secretary of State, and they could have done nothing with it. That was the purpose of removing the enactment clause. He was one of the people who kept up with that kind of thing, and it really set me down on my heels. “Snowy” took the amendment, came back to me with it and said to me quietly, “This was slick.”

Resolution adopted.

Senator Raggio moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 11:45 a.m.

SENATE IN SESSION

At 11:49 p.m.

President Hunt presiding.

Quorum present.

By Senators Raggio, Titus, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O'Connell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Townsend, Washington and Wiener:

Senate Resolution No. 6—Inducting Lawrence E. Jacobsen 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, Lawrence E. Jacobsen holds the record for legislative service in the history of Nevada with 16 years in the Assembly and 24 years in the Senate during which time he also represented Nevada on several committees of the National Conference of State Legislatures and the Council of State Governments; and

Whereas, During his four decades as a Legislator, Lawrence Jacobsen served on many and varied committees including the Legislative Commission for 26 years and the Interim Finance Committee for 12 years and presided with dignity over the Senate as President pro Tempore for seven regular legislative sessions and three special sessions; and

Whereas, While advocating legislation covering a multitude of important topics, including state forestry projects, fire control, agriculture and ranching, corrections facilities and programs, and prison industries, Senator Jacobsen’s unceasing interest in the maintenance and improvement of the Capitol Complex and its grounds was instrumental in the construction of the present Legislative Building as well as its expansion and renovation before the 1997 session; and

Whereas, Senator Jacobsen has been a strong voice in support of legislation benefiting veterans and has served his community through various civic organizations; now, therefore, be it

Resolved by the Senate of the State of Nevada, That Lawrence E. Jacobsen, with gratitude for his long and dedicated service to the legislative process and to the people of Nevada, 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, Neal, Townsend, McGinness, Titus, Amodei and President Hunt.

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

Senator Raggio:

It is a privilege to speak on behalf of this resolution, and I know I speak on behalf of everyone in the Senate. It is always a pleasure when we have these inductions to the prestigious Hall of Fame and when we can do so when someone is still living. There is no one who deserves this honor more than does Senator Jake. Without exception, we have appreciated his long, dedicated service. He set a record for legislative service that will never be equaled, not with term limits. He spent four decades, that is 40 years, almost half of his lifetime, as a member of this Legislature. He was one of the few in the Legislature who served both in the Capitol building and here in this building. If there ever was a building that should be named after anyone, it would be this building. This was Senator Jake’s endeavor. Knowing Jake, I am certain he watched every nail as it was driven into this building. He probably drove the workmen crazy. I bet he came here at night, and Betty probably did not know where he was half of the time. He watched this building grow from the ground up. Jake knew every facility in the State of Nevada on which there was a Nevada State Seal. He probably knew every piece of equipment too. I know that he saw to it that none of that equipment was ever wasted. He made certain that if anything was ever discarded it was placed somewhere else where it could be used. He was a careful monitor of State property.

He was a man who would not ask others to do something he would not do himself. All of us know of his service in the military. He is one of the few survivors left, today, of Pearl Harbor. He was there the day the attack occurred. He had been serving in the Navy prior to the attack so he was one of the first ready to answer the call of his country. He served with distinction. In my book, he is a hero.

Not to take anything away from the eloquent Stephen Douglas, but I think they should have changed the name of Douglas County to Jacobsen County. No one did more for Douglas County than did Senator Jake. He saw to it that when something was needed, it was taken care of. Usually, he would go out and personally do it himself. If it took some legislation, he would haunt you with that legislation from day one until it was done. They owe him a lot. This honoree not only loved the county in which he lived, he loved this entire State. That includes every corner of this State.

I had the privilege of serving with him on the Committee on Finance for many years. This man was not a sectional representative. I do not think anyone knows this State better than he does. He has been in every state park, every state nook and cranny, has served with fire crews, and has even worked with the prisoners. This gentleman has a better understanding of what makes this State tick than does anyone else who has served in this body or in the history of the State as a whole.

His service as a Legislator is unequaled. Few have had the distinction of having risen to top leadership in both the Assembly and the Senate. During his time as an Assemblyman, he was Speaker, and in the Senate for a record length of time, he was the President pro Tempore. Members on both sides of the aisle appreciate his fairness and his dedication. I am not certain that he left, because I see him here every day. I want him to know he is welcome every day. He is entitled to all of the privileges of a sitting Senator. We always welcome him back, and it is with a great deal of pride that we convene here, today, for this special induction.

Senator Neal:

Madam President, I rise in support of this resolution honoring Lawrence Jacobsen into the Senate Hall of Fame. Jake, you are one of the lucky ones, you are here to see this happen. We have to tell the truth about you. I want you to know that during the years in which I was privileged to serve with you, I really appreciated your service and your independence concerning many of the issues we worked on. You are an individual who knows what you believe in, and you go for it regardless of whether your party agreed with you or not. One of those issues was your belief that we should have done something with Yucca Mountain. You stood strong, and over the years, you debated that issue many times, and though we did not get anywhere with it, you stood tall. I really appreciated your independence.

The other day, when we had a resolution honoring you, I cleared you of a long-standing joke that had haunted you for years. When the Nigerian people visited us, you repeated something I had said to you about how black people did not live in northern Nevada because it was too cold, and you were stuck with that comment. Many of us had fun at your expense over that comment. I hope we cleared that up so you do not have to live with that any longer. The remark really came from me.

I hope this honor will do you well; you deserve it. I know that over the years we have participated in many things together. You have a love of this area. You take care of this building. I recall the time when the Indian School at Stewart was abandon. You wanted to obtain that property for the State. You had Senator Gibson and me going over the roof of the building. Senator Gibson was a little heavier than both of us, I was afraid he might hit a soft spot in the roof and fall through it, but you had been there before and looked it over, and everything was fine. We finally acquired the buildings for the State to be used as office space. You were very kind to the Indian community to make certain they got a building for their Indian museum. I am pleased to stand in support of this honor for you. I am glad you are here to enjoy this day.

Senator Townsend:

Thank you, Madam President. All of us support this resolution. I spent many days after this was put on the calendar trying to decide which of the appropriate stories I would tell about Jake. I never tell a joke about Jake because every story I tell is the truth. I remember, distinctly, the issue related by Senator Neal and how it became a front-page news story. When I was first elected to the Legislature, I immediately sought out Senator Jacobsen because I had to find out for myself what kind of guy he was. Unfortunately, I was assigned to be on the Committee on Natural Resources. I know, as odd as it seems, it did happen once. Unfortunately, I sat next to Jake. After six weeks, he explained to me that a chucker is not a small dog. He was kind and patient.

I will hold this next story in my heart for as long as I live. Senator Jacobsen has held many high honors. One of them was as head of the Council of State Governments. There was a meeting in San Francisco that he and Betty attended. He asked my wife and me to drive with them because we were attending also. He did not like to drive and night, and it was a long drive. Since I was going to be there and having lived there during my college life in San Francisco, he asked if I would show them around the real San Francisco. I said I would. Every morning, I chose a different San Francisco morning place to have breakfast. Every lunch, I picked a very special San Francisco lunch place. This went on for four days. For every dinner, we went to the most sophisticated San Francisco style restaurant. They were very appreciative. I felt bad for Jake who was walking the hills of San Francisco in his cowboy boots. I wondered how a gentleman a few years older than I could survive this experience. I had a renewed respect for his tenacity. I hoped I had showed them the city, as it should have been seen. I hoped they had experienced all the wonderful things the town had to offer.

When we left on Sunday morning, we chose not to eat and planned to eat on the way home. As a result, we stopped at a small place just outside of Auburn named Iketa’s. It is a fresh fruit and vegetable stand with a great hamburger place associated with it. We ordered hamburgers. These hamburgers are the kind where the mustard and the relish runs down your arm while you eat them. About halfway through the hamburger, my wife asked him how his hamburger was. He put his food down, and he looked her right in the eye and said, “Best damn meal I have had in four days.”

Jake, I want you to know that of the many stories we could tell, that is one of the real ones. I have thought back through all the years I have known you and about all of the things we have done together, and if anyone looked for the qualities of a person they would want in a friend, in a brother, in a father or in a grandfather, they would look to you. Congratulations, Jake.

Senator McGinness:

Thank you, Madam President. I have had the honor to serve with Jake. I really came to know him when he represented a piece of Churchill County. That was a while ago. I served with Jake on public lands committees, on the Committee on Natural Resources and on the High Level Radioactive Waste Committee. We have been to a few nuclear power plants and have been in Yucca Mountain twice. The biggest honor I have, and my greatest fear, is that Jake and Betty are my constituents. I know they will be watching and will let me know at every turn where I stumble. Congratulations.

Senator Titus:

I, too, rise in support of this resolution inducting Senator Lawrence Jacobsen into our Hall of Fame. Certainly, there are many stories about the good Senator, some you have heard here, today, which will go down in the lore of this body. Therefore, it is only appropriate that his picture hang on the Senate’s Wall of Honor. It will also allow visitors, strangers and newcomers who do not know these stories to see who Senator Jacobsen is and what he has contributed over the years to this great State.

Senator Amodei:

Thank you, Madam President. Everyone is saying so many nice things about Senator Jake, how he did such nice things for everyone, and that he likes hamburgers, but let me tell you about the real reason he is in this Hall of Fame.

As a relatively new member to the Legislature, in general, and to this House, I learned a lesson in politics from Jake in a gentle way with no fingerprints but at about a mach six speed in terms of power politics. Many of you are familiar with Jake’s love, Marlette Lake. He has taken that on as the Jacobsen family pond. Jake knows everything that goes on there even if the lake is frozen over. The only reason I ran for the State Senate is that I wanted to serve on the Marlette Lake Committee. I could not get on it when I was in the Assembly, so I thought I would try to get on the committee while I was here. Luckily, I was elected, and I asked to be on the Marlette Committee. I was on there with the then-sitting Speaker of the Assembly and the President pro Tempore of the Senate Lawrence Jacobsen. I spoke with Speaker Dini a few months before we were going to meet, and he asked if I would support him for the chairmanship of the committee. He stated that Jake had had it last time, and that he would like it this time. He said he wanted to take care of the folks in Virginia City, and I agreed. I told him I would be happy to support him. A few months later, Jake stopped by my office and asked if I would support him as chairman and if I would nominate him. I told him I had already promised to support Joe. He said that was okay, said it was nice to see me and left. I knew I should feel bad, but Jake seemed to take it okay. I went to the first committee meeting and nominated the Speaker of the Assembly to chair the committee. Jake seconded the nomination. I thought everything revolved around the Legislature. Little did I realize that there were four other members on the committee elected by no one, members of the Executive Branch. They were from the Buildings and Grounds Division, Division of Wildlife and the Division of Forestry, all outfits who "hate" Jake, and they had the votes. Jake had created a Legislative committee where the majority of the votes were with members of the Executive Branch. He seconded the Speakers nomination, and it died 2 to 0. The Director of State Parks stood up and said in a very indignant tone that he thought that no one should be the chair of the committee but Senator Jacobsen; the director nominated him; Forestry seconded the nomination. Wildlife and Buildings and Grounds nodded. Joe Dini and I left the meeting with our tails between our legs, and Jake did not change the expression on his face the whole time. Thank you for that lesson Mr. President pro Tempore.

President Hunt:

This is my second term as President. I am deeply honored and privileged to be the new occupant of Senator Jacobsen’s previous office. I feel much honored to be on those hollowed grounds. I want him to know he has been an inspiration and a great help to me and to my sense of responsibility to this body. For that, Senator Jacobsen, I am very pleased I was able to be here during your last years serving in this body. Thank you for all you have meant to me.

Resolution adopted.

Senator Raggio requested that the remarks of former Senator Lawrence E. Jacobsen be entered in the Journal.

Former Senator Jacobsen:

Thank you, Madam President, Senators and all who are gathered here, today. What a pleasure this is. I have dreamed about this day. This is a great moment of my life to be inducted into the Senate Hall of Fame. I do not need to tell you that when I dreamed about this happening and was wondering what was going to happen, I rather hoped it was all over. It just so happens that some of the things that happened to me as time went on made me reflect on how great all of you have been. I would not be here today if it were not for you.

I started out as a little old farm boy. When I returned home from the service, I thought that I knew what the world was all about.

I served in the old building. It was really a pleasure serving with some of the old-timers, some of whom have been mentioned today; Russ McDonald, Art Palmer, to name a few. What a joy that was. I guess over the years I have come to know that it is not what you know but who you know. I see John Ascuaga sitting upstairs. He is one of my close, personal friends. I remember, one day, I went to his ranch trying to get his gas business. He asked me if I knew anything about hypodermic needles. I told him that I knew a little bit, and he showed me where one was lying. He told me to give each cow 2ccs of this and 2ccs of that. Lo and behold, I was still there at five o’clock doing the same thing. I was probably the cheapest help he ever had.

There are so many things that have happened around this building. I recall, when we first moved into it, a lady came crying to me and said that there were no drinking cups in the women’s restroom. I said I guessed we could correct that and asked her if she wanted to come with me, but she didn’t want to. I then walked into the restroom, unannounced, and a couple of women scurried for the door and wanted to know what the heck I was doing there. I told them that I understood that you have no drinking cups. I hope there are cups in there today. I have not been back to check it out.

Seeing Jan Thomas here this morning is a real joy for me. I could not have made it without her, being the pro Tempore. She was always ready and willing to help.

Of all the things that happened around this building, I took pride in it. I thought it was my building. I remember when Marvin Sedway was still alive, and he mentioned that we were going to build a new addition. The land in the back, before we built the parking garage, had about 30 trees on it. I learned early on that you did not touch a tree in Carson City without upsetting the applecart. He asked how would I like to take out those trees. I said just tell me what to do, not how to do it. With two inmate crews, we took the 30 trees out which would, probably, have cost $30,000. It cost me two cases of Coke. That was for the crews. We cut up the wood and delivered it to some senior citizens. That was something that I enjoyed doing on my own. Admittedly, the prisoners did all the work.

This building has been just a joy to me. As I walk around, I have to admit not being a Senator, I found more restrooms in this building than I ever knew existed.

I learned some things the hard way. I remember being the Speaker; I interviewed every person who worked for the Legislature. I did it personally. I learned a lesson there too. I picked the oldest woman to be my secretary. I thought that was a plus. I found out later that it was really a plus because nobody bothered her and nobody interfered with her.

I guess probably the greatest thing that was my privilege over the years were all the fine people that I got to know and to meet throughout this State.

I enjoyed going to all the honor camps. I did that on a regular basis to see what the prisoners were doing. I guess I am the only Senator or Legislator who ever went out and camped and worked with them. I even showed them how to tie a few knots and do a few things that I had done in the Navy.

What a joy it is to come down here and be welcome and feel at home. At first, I thought I would not like being down here. I find that sitting upstairs you do not hear too well. You don’t vote, which is not good. Then again, to look down and see the ladies at the front desk and to know that without them this body could not survive nor could the other House. They have been super.

What a joy it is to serve in the Legislature. Many times, I felt a little guilty being here for forty years. Maybe I should have let somebody else do it. Then again, if you want something done, the axiom is: do it yourself; get it done, and then get out of the way.

I cannot tell you how grateful and humble I am to be in your presence and receive this honor. It is like frosting on the cake. As I said earlier, I dreamt about it a couple of times.

As I walk by and look at some of those pictures on the wall—Fred Settlemeyer, Jim Gibson—it is an honor to be included within the Hall of Fame.

Ladies and gentlemen, thanks to each and every one of you. I cannot tell you how humble I am to be here and to be in the Hall of Fame. I will be here every day for the rest of the session. Be assured of that. Thank you.

Senator Raggio moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 12:25 p.m.

SENATE IN SESSION

At 12:31 p.m.

President Hunt presiding.

Quorum present.

Assembly Concurrent Resolution No. 12—Memorializing former Assemblyman and public servant Carl Shelly.

Whereas, The members of the Nevada Legislature note with sadness the passing of Carl Shelly on May 25, 2002, and recall that he was the last surviving member of any Legislature that convened during the 1930s and 1940s; and

Whereas, Carl B. Shelly, the son of Brady Michael and Marie Bunda Shelly, was born in Truckee, California, on March 16, 1905, and moved to Sparks with his family that same year, which, coincidentally, was the year the City of Sparks was incorporated; and

Whereas, Carl Shelly attended school in Sparks, delivered newspapers by horse and buggy, graduated from Sparks High School where he played on that school’s very first football team and was attending the University of Nevada, Reno, when he met and married Barbara Bulmer in 1926; and

Whereas, At the age of 28, Carl Shelly was elected to the Sparks City Council, and in 1934 he was elected to represent Washoe County as an Assemblyman, a position he retained for three sessions of the Nevada Legislature from 1935 through 1939, during which he was appointed to many committees, including the Committee on Corporations and Railroads for all three sessions and the Committee on Education for two sessions; and

Whereas, After leaving the Assembly, Carl Shelly continued to work for his community during his five terms as a Washoe County Commissioner and as Chairman of the Civil Defense Organization for Washoe County during World War II; and

Whereas, Carl Shelly was active in the National Association of County Officials, served as President of the Nevada State Welfare Board and, in 1954, was appointed by President Eisenhower to the United States Advisory Commission to UNESCO, the United Nations Educational, Scientific and Cultural Organization; and

Whereas, Carl Shelly’s involvement in the business community included owning and publishing the Sparks Tribune with his wife, Barbara, from 1950 until 1960, operating the Sparks Fuel Company for many years with his father and brother, founding the Modern Home Mart and owning the Shelly Hardware Stores in Reno and Sparks; and

Whereas, Nonprofit organizations also knew the zeal of Carl Shelly who was a charter member of the Sparks Rotary and was honored by the Sparks Masonic Lodge for his membership which spanned 75 years; and

Whereas, Carl Shelly’s foremost volunteer passion was the preservation of the history of “The Rail City” through his support of the Sparks Heritage Museum which he helped found in 1985 and which now proudly displays an outstanding collection of wood carvings created by Carl in his later years; and

Whereas, Carl Shelly’s knowledge of the history of Sparks was a tremendous resource and he often spoke to classes at area schools who heard him declare with pride that he and the City of Sparks were the same age; and

Whereas, Carl Shelly, whose wife, Barbara, predeceased him, is survived by his children, Alice Schafer and Bruce Shelly, five grandchildren and seven great-grandchildren; 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 sincere sympathy to the family and friends of Carl B. Shelly; and be it further

Resolved, That the Sparks Heritage Museum will stand as a reminder of the enthusiasm of Carl Shelly who was instrumental in preserving the history of his city; and be it further

Resolved, That the example of Carl Shelly’s service to the political and economic welfare of his community will encourage the residents of Nevada to share their interests and talents for the good of this state; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Carl Shelly’s children, Alice Schafer and Bruce Shelly.

Senator Raggio moved the adoption of the resolution.

Remarks by Senator Raggio.

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

Madam President, it is a privilege for me to speak in the Senate on behalf of this resolution. I am beginning to wonder how old I am getting because I seem to be the only one here that knew all these people. Senator Matthews has indicated that she knew Carl, and it is fitting that we recognize and honor our former Assemblyman Carl Shelly.

Carl truly was a wonderful citizen, a great booster for not only Sparks but also for the whole State of Nevada. He served three sessions in the Nevada Legislature in the 1930s and then became county commissioner during the early growing days of Washoe County. He was recognized as a businessman of high esteem, and he was really the conscience of the area because of the newspaper, The Sparks Tribune, which he published for a good many years. My time as a District Attorney occurred during some of that era, and I always regarded him as a very influential, fair and dedicated individual.

His record in public service was outstanding. A great deal of his time was spent in public service as well as with his family and developing the businesses in which he participated, not only the newspaper but also his business, Shelly Hardware. He really was an interesting gentleman and a nice person to talk to and work with. We all truly appreciated his efforts. The warriors of World War II, members of Washoe County, Sparks and our community appreciate all that he did. The City of Sparks, known as the Rail City, really benefited from his efforts, and it is fitting on this day that we pause to recognize another former Legislator who gave a great deal of himself to the service of this State and his community.

Resolution adopted.

Resolution ordered transmitted to the Assembly.

Senator Townsend moved that Senate Bill No. 7 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

Assembly Bill No. 71.

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

Motion carried.

Assembly Bill No. 153.

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

Motion carried.

Assembly Bill No. 248.

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

Motion carried.

Assembly Bill No. 302.

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

Motion carried.

Assembly Bill No. 306.

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

Motion carried.

MOTIONS, RESOLUTIONS AND NOTICES

Senator Raggio moved that Senate Bill No. 137 be taken from the Secretary's desk and placed on the bottom of the Second Reading File.

Remarks by Senator Raggio.

Motion carried.

Senator Amodei moved that Senate Bill No. 265 be re-referred to the Committee on Finance.

Remarks by Senator Amodei.

Motion carried.

Senator Rawson moved that Senate Bill No. 324 be taken from the Second Reading File and re-referred to the Committee on Finance.

Remarks by Senator Rawson.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 224.

Bill read second time.

The following amendment was proposed by the Committee on Judiciary:

Amendment No. 84.

Amend section 1, page 1, line 13, after “Shall” by inserting: “be available to”.

Amend section 1, page 1, line 14, after “Shall” by inserting: “be available to”.

Amend section 1, page 2, by deleting line 2 and inserting: “be present in close proximity to the victim during any proceeding.”.

Amend section 1, page 2, between lines 11 and 12, by inserting:

“6. For the purposes of this section, “victim of an act of domestic violence pursuant to NRS 33.018” includes any person who alleges that he is a victim of an act of domestic violence pursuant to NRS 33.018, regardless of whether or not the alleged perpetrator of the act of domestic violence has been charged with or convicted of any criminal offense related to that act.”.

Senator Amodei moved the adoption of the amendment.

Remarks by Senator Titus.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 137.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 145.

Amend sec. 8, page 4, by deleting lines 38 through 41 and inserting:

“3. The impact of assessments made of persons with disabilities pursuant to the comprehensive long-term Strategic Plan for Persons with Disabilities prepared by the Task Force on Disability to determine if they are living in an unnecessarily restrictive residential environment, including, without limitation, any savings in costs that resulted from those assessments.”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

GENERAL FILE AND THIRD READING

Senate Bill No. 7.

Bill read third time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 85.

Amend the bill as a whole by deleting sections 1 through 22 and renumbering sections 23 through 25 as sections 1 through 3.

Amend sec. 25, page 14, line 37, by deleting “electronically”.

Amend sec. 25, page 14, by deleting lines 38 and 39 and inserting: “transmitted by [telegraph. A telegraphic] telegram. A copy of [such] a warrant transmitted by telegram may be sent to one or more”.

Amend sec. 25, page 14, line 45, by deleting “electronically transmitted” and inserting: “transmitted by telegram”.

Amend sec. 25, page 15, lines 5 and 6, by deleting “ “electronically transmitted” ” and inserting “ “telegram” ”.

Amend the bill as a whole by deleting sections 26 through 55 and renumbering sections 56 through 58 as sections 4 through 6.

Amend the bill as a whole by deleting sec. 59 and renumbering sec. 60 as sec. 7.

Amend the bill as a whole by deleting sections 61 through 68 and the text of the repealed section.

Amend the title of the bill to read as follows:

“AN ACT relating to telegraphs; repealing certain obsolete provisions relating to telegraphs; and providing other matters properly relating thereto.”.

Senator Townsend moved the adoption of the amendment.

Remarks by Senators Townsend and Wiener.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

There being no objections, the President and Secretary signed Senate Concurrent Resolutions Nos. 3, 4, 5, 24.

remarks from the floor

Senator Raggio requested that the biographies of the two new Hall of Fame members be placed in the Journal.

Biographical Information

Warren L. (Snowy) Monroe

Personal Information

Born: April 17; 1906; Died: April 1, 1987; Educated: Graduated from University of Nevada, Reno, 1929; Married: Mary Johnstone; Children: Lawrence K. and James W.; Occupation: Owner and Publisher, Elko Independent, newspaper and printing; Military: World War II Veteran; Primary Residence: Elko, Nevada.

Service in the Nevada Legislature

24 years. Assembly 1941-1944, 1947-1948 (6 years); Senate 1959-1976 (18 years).

Senate Committee Membership

Agriculture and Irrigation (1959, 1960, 1961, 1965); Aviation, Transportation and Highways (1959, 1960, 1961, 1963, 1965); Banks, Banking and Corporations (1961); Commerce and Labor (1975); Federal, State and Local Governments (1967, 1969, 1971); Finance (1973, 1975); Fish and Game (1959, 1960, 1963); Judiciary (1963, 1965, 1967, 1969, 1971); Legislative Functions (1973); Livestock (1959, 1960, 1961); Public Health (1965); Public Resources (1967, 1969); Rules (1961, 1963); Transportation (1967, 1969, 1971, 1973, 1975).

Senate Leadership

President pro Tempore (1975); Assistant Majority Floor Leader (1973) and Senate Majority Whip (1969, 1971).

Service as Senate Committee Chairman

Aviation, Transportation and Highways (1965); Judiciary (1965, 1967, 1969, 1971); Legislative Functions (1973).

Service as Senate Committee Vice Chairman

Agriculture and Irrigation (1965); Federal, State and Local Governments (1967, 1969); Public Health (1965); Transportation (1967, 1971, 1973, 1975).

Selected Legislation with Senator Monroe as Primary Sponsor

Increased from two to four years the term of office of justices of the peace, 1973. Provided for osteopathic physicians’ assistants in Nevada, 1973. Required policies of health insurance to include expenses of home health care or health support services prescribed by a physician, 1975. Prohibited the knowing possession or withholding of stolen goods, 1971. Provided for the placement, registry, and protection of state historical markers, 1967. Provided for community-based training centers for retarded persons, 1969.

Selected Legislation Sponsored by Senator Monroe’s Senate Judiciary Committee

Established the Nevada Administrative Procedure Act, including a process for the adoption of regulations, 1965. Adopted the Uniform Commercial Code, 1965. Waived total state immunity from liability and actions and provided a process and limits on awards, 1965. Provided for the publication and distribution of advance sheets of the Statutes of Nevada, 1967. Established the Commission on Peace Officers’ Standards and Training (POST), 1969. Provided for tax-supported county museums or historical societies, 1969. Provided that audits in progress of the LCB could be continued after session if so approved by the Legislative Commission, 1969. Provided additional penalty for certain cases of child abuse and neglect, 1971.

Other Accomplishments/Honors

Nevada Newspaper Hall of Fame, September 1998; Chairman: Nevada Fish and Game Commission; Chairman: State Democratic Central Committee; Chairman: Nevada Highway Advisory Board.

Biographical Information

Lawrence E. Jacobsen

Personal Information

Born: July 1, 1921; Educated: Douglas County schools; Married: Betty; Lundergreen Children: Bruce, Gary, Susan, Tim; Occupation: Retired, Petroleum Products; Military: United States Navy, Pearl Harbor Survivor; Primary Residence: Minden, Nevada.

Service in the Nevada Legislature

40 years. During his 40 years of service, Senator Jacobsen worked with 7 different governors and approximately 340 individual legislators. His record of 8 special and 20 regular sessions is the all-time record for legislative service in Nevada’s history. Assembly: 1963-1978 (16 years); Senate: 1979-2002 (24 years).

Senate Leadership

Minority Floor Leader (1981); President pro Tempore (1987, 1989, 1993, 1995, 1997, 1999, 2001).

Assembly Leadership

Speaker pro Tempore (1969); Speaker (1971); Minority Floor Leader (1973).

Assembly Committee Membership

Federal, Indian, and Military Affairs (1963, 1965, 1967); Fish and Game (1963, 1965, 1969 Vice Chairman); Judiciary (1963, 1965); Labor (1963, 1965, 1967); State Institutions and Libraries (1963, 1965); Roads, Transportation and Aviation (1967); Ways and Means (1967, 1969); Legislative Functions (1969, 1973, 1975); Environment and Public Resources (1973, 1975); Transportation (1973, 1975, 1977); Agriculture (1977); Government Affairs (1977); Taxation (1977).

Senate Committee Membership

Finance (1979, 1981, 1985, 1987; Vice Chairman: 1989; Chairman: 1991, 1993, 1995, 1997, 1999, 2001); Natural Resources (1979, 1981, 1983, 1985, 1987; Chairman: 1989, 1991, 1995; Vice Chairman: 1997, 1999, 2001); Transportation (1979, 1981, 1983, 1985, 1987, 1989, 1991, 1993, 1995, 1997, 1999, 2001); Commerce and Labor (1983); Judiciary (1993).

Selected Topics Advocated by Senator Jacobsen

Construction of Separate Legislative Building; Stewart Building Complex; Marlette Lake Water System; State Forestry Projects and Programs; Fire Control and Protection; Military and Veterans’ Affairs; Agriculture and Ranching; Legislative Institution (Independent Branch of Government); Development of Youth Camps; Radioactive Waste Management; Lake Tahoe; Legislative Security; Governor’s Mansion; Corrections Facilities and Programs; Girls and Boys Schools; Prison Industries; Honor Camps.

Other Accomplishments/Honors

Charter Member of National Legislative Service and Security Advisory Committee (NLSSA); Minden Rotary Club, 50-Year Perfect Attendance; Paul Harris Fellow; Douglas County Engine Company (fire department), 56-Year Active Member; Co-Chairman, Minden Bandstand (1984); Feed the Hungry Award; Friends in Service Helping, 1992; Tony Beard Award, NLSSA, 1993.

Selected National and Regional Memberships

Chairman, NLSSA. National Conference of State Legislatures’ (NCSL): Member, Executive Committee, 1981-1990. Council of State Governments (CSG): Member, CGS Hazardous Waste Committee and Executive Committee, 1981-1990; Chairman, CSG Energy Committee, 1981‑1983; Vice Chairman, 1984-1985, and Chairman; 1986-1987, CSG Western Legislative Conference. Co-Chairman, NCSL’s Fourteenth Annual Meeting, Reno, 1988.

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 Mike Mongelli, Bob Bolinger, Jerri Bolinger, Diane Gordon, Janice L. Thomas and the following students and faculty from the Scarselli Elementary School: Parker Brandt, Virginia Cervantes, Jeremiah Crawford, Shane Fencl, Cassidy Curtis, Tyra Fontana, Becky Glocknitzer, Brianna Hinson, Anthony Jacobs, Blake Keenan, Josh Lee, Richelle LittleJohn, Grant Mason, Sierra Montana, Tylar Negrete, John Patterson, Samantha Phillips, Jordan Pruitt, Aaron Ramos, Meagan Slater, Savannah Smith, Heather Van Cleave, Chase Weatherbee, Alexandra Fagan, Brandon Greenwood, Brenda VanDenBerg, Brennan Grau, Carly McCullough, Chelsea Voss, Cody Thoma, Dani Trujillo, David Corbitt, Erin Allison, Hayley Anderson, Jacob Swisher, Jasmine Martinez, Joe Stepanian, Kaulie Salas, Leilani Salter-Arms, Lewie Bartone, Mary Coker, Naomi Roberts, Natalie Freitas, Nicole LaMaina, Sky Hackler, Steven Pearce, Tyler Belanger, Emily Arnold, Josh Boetter, Vincent Cargill, Bryan Cook, Tara Chitwood, Donovan Cudrey, Roy Dorrbrook, Erika Duarte, Shannon Dugan, Christine Erb, Josh Frias, Colin Inwood, Keely Latham. Alex Petri, Sarah Koontz, Cheyenne Newton, Taryn Olivera, Brett Parks, Anthony Marangi, Kaylee Super, Colten Halierson, Kyle Tom, Ethan White, Bryonna Wenberg; teachers: Tracy Gruber, Jennifer Luchetti and Leslie Hallman and the following Nevada PTA members: LuAnn Tucker, Patty Robson, Jessa Wagner, Kerri Rice, Margaret Baxter, Kathi Allen, Jan Bothwick, Debbie Slinkard, Karrie Mendez, Shannon Skinner, D. J. Stutz, Sandy Stone, Jodi Rapte, Trace Game, Johnsie Nelson, Sevreana Johnson, Dawn Rocheleau, Felicia Davis, Lina Welch, Tony Welch, Lise-Lotte Newell, Deann Bauman, Ray Lowrey, Joy Hanssen, Gwen Moresi, Leanne Collet and Lori Johnson.

On request of Senator Coffin, the privilege of the floor of the Senate Chamber for this day was extended to Bruce Jacobsen and Debbie Jacobsen.

On request of Senator Neal, the privilege of the floor of the Senate Chamber for this day was extended to Lance Jackson, Susan Jackson and Eric Erardy.

On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Diana Wagner and Willis Wagner.

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Betty Jacobsen, former Senator Lawrence E. Jacobsen, Dorothy Souza, Dale Checket, JoAn Pedrett, Larry Pedrett, Shellie McCreary, Dave McCreary, Mark McCreary, Mike McCreary, Marion Barrett, Chuck Barrett, Coe Swobe, Monte Fast, Mary Walker, Steve Weissinger, Kim Carrubba, Mr. and Mrs. Bud Southard, Nancy Carr, Merl Stewart, Joan Thran, John Ascuaga, Sammye Ugalde, Captain Cynthia Cappello, Warren K. Monroe, Karen Hower, Jim Elston, Wally Rusk, Joe Anso, Jack Harker, Earl Avansino, Jim Melarky, Dick Trachok, Lee Roy Arrascada, Fred Davis, Jim Thornton, Chris Hicks, Bob Erickson and Guy Rocha.

On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Lynette Wells and Leslie Long.

On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to Larry K. Monroe.

On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Tim Monroe and Joanne Monroe.

On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to Tim Jacobsen, Robbie Jacobsen, Timmy Jacobsen and Joey Jacobsen.

On request of President Hunt, the privilege of the floor of the Senate Chamber for this day was extended to Alice Schafer and Bruce Shelley.

Senator Raggio moved that the Senate adjourn until Monday, March 31, 2003, at 11 a.m.

Motion carried.

Senate adjourned at 12:56 p.m.

Approved: Lorraine T. Hunt

President of the Senate

Attest: Claire J. Clift

Secretary of the Senate