THE EIGHTY-SIXTH DAY

THE EIGHTY-SIXTH DAY

Carson City (Tuesday), April 29, 2003

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

President Hunt presiding.

Roll called.

All present.

Prayer by the Chaplain, Pastor Marvin Dennis.

Heavenly Father, You have taught us in Your word that prayer is precious to You. You have told us that You hear and answer prayer. You have said that You delight in our prayers both public and private. Therefore, I come to You, again, today, in prayer, asking Your help for these Senators and those who serve in this Chamber in any capacity.

Thank You for the wonderful time, yesterday, as Sonny King was honored.

Thank You that we can honor and encourage each other. Your word teaches us that You have created us for fellowship with You. Please help us to honor You with our fellowship through prayer. In the name of the wonderful Counselor, Prince of Peace, Almighty God, I pray.

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 were referred Assembly Bills Nos. 119, 144, 275, 489, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Randolph J. Townsend, Chairman

Madam President:

Your Committee on Finance, to which was referred Senate Bill No. 410, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William J. Raggio, Chairman

Madam President:

Your Committee on Human Resources and Facilities, to which were referred Assembly Bills Nos. 52, 138, 407, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Raymond D. Rawson, Chairman

Madam President:

Your Committee on Judiciary, to which were referred Assembly Bills Nos. 126, 155, 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 Assembly Bill No. 17, 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 Assembly Bills Nos. 82, 287, 301, 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, April 28, 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. 341, 381, 470, 493; Senate Bill No. 87.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

By Senators Amodei, McGinness, Washington, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, Neal, Nolan, O'Connell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Wiener; Assemblymen Grady, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, 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. 30—Memorializing dedicated firefighter and longtime Yerington resident Marvin Carr.

Whereas, The members of the Nevada State Legislature mourn the loss of Marvin Carr who passed away on September 17, 2002; and

Whereas, Marvin Carr was born in Salida, Colorado, to Chester and Irene McCollum Carr; and

Whereas, Marvin Carr graduated from Smith Valley High School and served in the United States Army National Guard for 9 years; and

Whereas, Nancy Wines and Marvin Carr were married in Smith Valley on July 17, 1955; and

Whereas, A Yerington resident for 41 years, Marvin Carr was a dedicated firefighter who served the residents of the State of Nevada in various capacities during his career in fire service spanning over 40 years; and

Whereas, After beginning as a volunteer firefighter for Lyon County in 1955, Marvin Carr chose fire fighting as his profession, serving much of his career with the Mason Valley Fire Protection District and the Central Lyon County Fire Protection District; and

Whereas, Marvin Carr was appointed Lyon County Fire Marshal in 1971, where his responsibilities included blueprint checks for public buildings, fire investigation, and inspections for conformance with fire and uniform building codes; and

Whereas, In 1986 Marvin Carr was appointed Fire Chief for the newly formed Central Lyon County Fire Protection District; and

Whereas, Marvin Carr was named as the Director of Lyon County’s Emergency Management Division in 1991 and as the Executive Director of the State Emergency Response Commission in 1996; and

Whereas, In 1998 Marvin Carr was appointed as the State Fire Marshal, the head of the State Fire Marshal Division of the Department of Public Safety for the State of Nevada; and

Whereas, Marvin Carr also served as past president and was a life member of the Nevada State Firefighters Association, a member of the Nevada Fire Chiefs Association and the Nevada Emergency Preparedness Association and, in 1997, was selected to the International “Who’s Who” of Professionals Representing the Fire Service; and

Whereas, Marvin Carr is survived by his wife Nancy, sons Gene and Steven, brother Bill Young, mother Irene, stepfather C. W. Hamilton and three 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 sincere condolences to the family and friends of Marvin Carr; and be it further

Resolved, That Marvin Carr will be remembered for his many contributions to Nevada fire services and for his dedication and commitment to making Nevada a safer place to live; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Marvin Carr’s beloved wife Nancy.

Senator Amodei moved the adoption of the resolution.

Remarks by Senator Amodei.

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

Thank you, Madam President. This is a special day for the Carr family and for me. I became involved with this resolution at the Speaker Emeritus’ request and because I have a long history with the people of Pizen Switch, or Yerington as it is called.

I came to know Chief Carr many years ago because my Dad was involved in the State Firemen’s Association. I attended many of their functions and got to know many people around the State who were involved in it. When we talk about one of the things that makes Nevada special, we talk about people like Marvin Carr. It is interesting to see this resolution and those who are in support of it and to know that this is an example of why many of us think Nevada is such a special place. Here was a man who was part of what we describe as the fabric of the community. He was a husband and a father who raised a family. His two sons followed him into his profession. He was a grandpa and community volunteer. These are all things that make not just western Nevada, northern Nevada or southern Nevada what it is but make the Silver State what it is.

It is my privilege and honor to speak in support of this resolution, today, in honor of a man who was, along with his family, a very real and special part of the fabric of our State. I commend your support.

Resolution adopted.

Senator Amodei moved that all rules be suspended and that Senate Concurrent Resolution No. 30 be immediately transmitted to the Assembly.

Motion carried unanimously.

Resolution ordered transmitted to the Assembly.

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

Motion carried.

Senate in recess at 11:26 a.m.

SENATE IN SESSION

At 11:29 a.m.

President Hunt presiding.

Quorum present.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, April 29, 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. 15.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 15—Memorializing longtime advocate for senior citizens, Clarence Edwin “Ed” Fend, Jr.

Whereas, The members and staff of the Nevada Legislature were recently saddened to learn of the death of Ed Fend on November 24, 2002; and

Whereas, Clarence Edwin “Ed” Fend, Jr., was born in Butler, Pennsylvania, on May 22, 1928, to loving parents who bestowed upon him a strong sense of family and patriotism; and

Whereas, Shortly after his graduation from high school in 1946, Ed Fend enlisted in the United States Navy and, over the next 9 years, advanced through the enlisted ranks and earned the title of Electronics Technician First Class; and

Whereas, Ed Fend’s strong love of country prompted him to enroll in Officer Candidate School in May 1955, and he was commissioned as Ensign and eventually rose to the rank of Captain; and

Whereas, During his military career, Captain Fend was commander of the USS Cree ATF‑84 and the USS Sample DE-1048 and heroically served in the Korean War, the Vietnam War and other campaigns, earning him the Legion of Merit, the Meritorious Service Medal, the Bronze Star Medal, the Navy Good Conduct Medal and the Combat Action Ribbon; and

Whereas, After his retirement from the Navy in 1981, Captain Fend advocated for the welfare of senior citizens in Nevada as a lobbyist for the American Association of Retired Persons and as a legislatively appointed member of the Task Force for the Fund for a Healthy Nevada; and

Whereas, Ed Fend was known for his genteel demeanor and his ever-present smile, and was respected for his informed and concise testimony regarding issues important to seniors; and

Whereas, Ed Fend is survived by his wife, Jacki H. Fend, and his children, John E. Fend, James I. Fend and Debora B. McElroy; 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 express their heartfelt sympathy and sincere condolences to the family and friends of Captain Clarence Edwin Fend; and be it further

Resolved, That Captain Fend’s memory as a devoted husband, father and friend, his dedication to our country and his strong advocacy for senior citizens in our State will never be forgotten; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Captain Fend’s loving wife, Jacki.

Senator Titus moved the adoption of the resolution.

Remarks by Senators Titus, Raggio and McGinness.

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

Senator Titus:

This resolution does a nice job of describing the life and accomplishments of Mr. Ed Fend. What it cannot do, however, is to convey the warmth and charm of the man himself. Mr. Fend was a joy to have in these halls. He was a tireless advocate for the seniors of Nevada. He loved what he was doing, and it showed. He provided excellent information and was always helpful to Legislators dealing with senior issues. He brought a smile to our faces and a song to our hearts. We miss him in this building, and seniors everywhere mourn his passing.

Senator Raggio:

Thank you, Madam President. I would also like to join in the memory of Ed Fend. As the distinguished Minority Leader indicated, he was a tireless advocate for causes in which he believed. The seniors of this State owe him a great debt. He was all over this building in support of their interests. He represented them ably. Ed should be recognized for his great contributions to this country. He had a distinguished career in the Navy. He started out as an Ensign and rose to the rank of a Captain with four stripes. He was very proud of that. When I was with him, I called him “Cap’n.”

He was a friend who I remember well. I relied on him many times for advise on some issues. He will be missed.

Senator McGinness:

Thank you, Madam President. I came to know Ed when I chaired a long-term interim committee. He was always a gentleman whose testimony was to the point. Being in radio, I thought Ed should have been in radio because he had such a great voice. He could have done commercial voice-overs.

Resolution adopted.

Resolution ordered transmitted to the Assembly.

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 341.

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

Motion carried.

Assembly Bill No. 381.

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

Motion carried.

Assembly Bill No. 470.

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

Motion carried.

Assembly Bill No. 493.

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

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 407.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 561.

Amend section 1, page 1, line 3, by deleting “$3,800” and inserting “$3,400”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 493.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 559.

Amend section 1, page 1, line 2, by deleting “$131,604” and inserting “$137,000”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Assembly Bill No. 106.