NEVADA LEGISLATURE

Sixty-ninth Session, 1997
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SENATE DAILY JOURNAL
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THE ONE HUNDRED AND FOURTEENTH DAY
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Carson City (Tuesday), May 13, 1997

Senate called to order at 10:22 a.m.
President Hammargren presiding.
Roll called.
All present.

Prayer by former Senator Lori Lippman Brown.
Because we can be so strong, we are proud;
Because we can be so weak, we are kind;
Because we live together, we take care of one another;
Because earth is so small, we do not pollute;
Because the universe, life, time and space are beyond the grasp of our minds, we feel awe;
Because we are so moved by birth, death, daffodils, sun, surf, laughter, and sudden tragedies, we feel wonder;
Because life is so wide and so deep, we lean into it and let it carry us along;
Because life is so short, we try to find its meaning, and live as well as we can.
Unto the goodness and the heart of every person and the truth and the mind of every person, we make appeal.
By whatever name it is known, in whatever land it is found, we search together for goodness of life.

Amen.

Prayer by The Reverend Jeffrey D. Paul.
Gracious God, looking back on our history we see your boundless sense of humor: Look upon all who serve this great state, especially those who have served in years past. We give thanks for all our oldtimers, especially Coe Swobe, Edward Boyle and Keith Ashworth inducted into the Senate Hall of Fame this day. May their legacy encourage us to promote the well-being and dignity of all people; in Your Name we 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

Mr. President:
Your Committee on Commerce and Labor, to which was referred Assembly Bill No. 300, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Randolph J. Townsend,

Chairman

Mr. President:
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: Amend, and do pass as amended.

Mark A. James,

Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 12, 1997

To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 382.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 35, 191, 225.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

By Senators Raggio, Titus, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Regan, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener:
Senate Resolution No. 6--Inducting Edward D. Boyle 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
Whereas, Certain past state Senators have distinguished themselves with their exemplary contributions to the State of Nevada; and
Whereas, Edward D. Boyle was born in County Donegal, Ireland, in 1836, immigrated to the United States in 1843 and to the Comstock in 1863, and died in Dayton, Nevada, in 1902 at the age of 66 years; and
Whereas, Senator Boyle's son, Emmet D. Boyle, served with distinction as Governor of Nevada from 1915 through 1922; and
Whereas, Senator Boyle spent his working years in mining, during which time he acquired a vast knowledge of that industry and was instrumental in the rescue of seven men who were entombed for 8 days in the Alta mine, marking him as a hero; and
Whereas, As a member of the Senate of the Nevada Legislature representing Storey County from 1885 to 1896, Senator Boyle served as Chairman of a number of important Senate Standing Committees, including the Committees on Corporations and Railroads, Mines and Mining, and Military and Indian Affairs; now, therefore, be it
Resolved by the Senate of the State of Nevada, That Senator Edward D. Boyle, a man known for his charity, ability and scrupulous honesty and for his devotion to the betterment of the State 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 Senator Titus.
Senator Titus requested that her remarks be entered in the Journal.
Senator Edward D. Boyle and his wife Sarah had three children. Daughter Edna died as a girl. Son Emmet went on to serve two terms of office as Governor of Nevada; but he and his wife had no children. However Senator Edward Boyle's son Alexander had four children, one of whom is here today.
Edward Boyle's granddaughter, Mary Jane Boyle Helrich, was born in Reno and lived in the Governor's Mansion as an infant during the administration of her uncle, Governor Emmet Boyle. Mary Jane's family moved to New York while she was still a child. Her last trip back to Carson City was over 40 years ago.
Mary Jane Boyle Helrich, granddaughter of Senator Edward Boyle, lives in Northport, New York, on Long Island. Her daughter Jane Prince, also of Northport is a great granddaughter of Senator Edward Boyle. Another daughter, Ann Helrich, lives in Milton, Vermont, near Lake Champlain. She also is a great granddaughter of Senator Edward Boyle.
Special thanks are in order for Christopher Driggs, an archivist with the Nevada State Library and Archives. His research skills recently led him to a web site on the internet, which resulted in the discovery of a number of direct descendants of Senator Edward Boyle, all of whom are now living in New York, Pennsylvania or Vermont. Christopher has been assisting these three ladies on their trip back to Nevada for today's ceremonies.
Resolution adopted.

By the Committee on Finance:

Senate Concurrent Resolution No. 36--Directing the disposition of certain proceeds of bonds issued by the State of Nevada for acquisition of and access to habitats for wildlife.
Whereas, Section 1 of chapter 785, Statutes of Nevada 1989, at page 1864, authorizes the issuance of general obligation bonds of the State of Nevada for the purposes of protecting, preserving and obtaining the benefits of natural resources; and
Whereas, Section 2 of chapter 785, Statutes of Nevada 1989, at page 1864, provides that certain sums of money from the issuance of the general obligation bonds must be allocated to the Department of Wildlife, now known as the Division of Wildlife of the State Department of Conservation and Natural Resources, for carrying out those purposes; and
Whereas, Section 3 of chapter 785, Statutes of Nevada 1989, at page 1865, as amended by chapter 83, Statutes of Nevada 1991, at page 148, provides that if the Legislature is in regular or special session, the Director of the Department of Wildlife, now known as the Administrator of the Division of Wildlife of the State Department of Conservation and Natural Resources, must obtain the approval and direction of the Legislature before he may expend money in addition to the amounts previously authorized for the acquisition and development of real or personal property, interests in real or personal property, or a combination thereof; and
Whereas, Section 2 of chapter 785, Statutes of Nevada 1989, at page 1865, as amended by chapter 653, Statutes of Nevada 1991, at page 2162, authorized the Department of Wildlife to loan up to one-half of the amount allocated for the acquisition of fish, game, nongame or protected wildlife habitats and public access to the habitats by the acquisition of real or personal property or interests in real and personal property, or for the identification, inventory and protection of sensitive species and ecosystems, or any combination thereof, to a local government for use consistent with those purposes to be repaid in three equal annual installments and to use the money repaid by the local government for those same purposes; and
Whereas, The Department of Wildlife made a loan of $3,000,000 to Clark County which was subsequently repaid in three equal annual installments; and
Whereas, The Administrator of the Division of Wildlife of the State Department of Conservation and Natural Resources has requested the approval and direction of the members of the 69th Session of the Nevada Legislature to adjust the sums of money which were allocated to the Department of Wildlife from the issuance of the general obligation bonds and which were previously authorized by the Interim Finance Committee for expenditure; now, therefore, be it
Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the sums of money which were allocated to the Department of Wildlife from the issuance of general obligation bonds pursuant to chapter 785, Statutes of Nevada 1989, and which were previously authorized by the Interim Finance Committee for expenditure for purposes related to the acquisition of fish, game, nongame or protected wildlife habitats and public access to the habitats by the acquisition of real or personal property or interests in real and personal property, or for the identification, inventory and protection of sensitive species and ecosystems, or any combination thereof, be adjusted as follows:
1. Increase the sum of money authorized for the acquisition of real or personal property at the Howard Ranch in Elko County by $100,000;
2. Increase the sum of money authorized for expenses incurred by the Division of Wildlife in carrying out the bond program by $71,360; and
3. Reduce the sum of money remaining from the repayment of the loan by Clark County, which is held in reserve, by $171,360; and be it further
Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to the Administrator of the Division of Wildlife of the State Department of Conservation and Natural Resources.
Senator Raggio moved the adoption of the resolution.
Remarks by Senator Raggio.
Resolution adopted.
Senator Raggio moved that Senate Concurrent Resolution No. 36 be immediately transmitted to the Assembly.
Motion carried.

By Senators Raggio, Titus, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Regan, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener:
Senate Resolution No. 8--Inducting C. Coe Swobe 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
Whereas, Certain past state Senators have distinguished themselves with their exemplary contributions to the State of Nevada; and
Whereas, Senator Swobe served as a member of the Nevada Legislature from 1963 to 1974, 4 years in the Assembly and 8 years in the Senate, and served as both Senate and Assembly Minority Floor Leader during his tenure in the Nevada Legislature; and
Whereas, Senator Swobe sponsored and gained passage of a number of measures of considerable importance, including a measure increasing the number of Justices on the Supreme Court from three to five and a measure providing for the payment of educational expenses of students with hearing and visual handicaps who would otherwise not have access to special educational resources; and
Whereas, Senator Swobe was instrumental in creating the Compact between Nevada and California for the planning and protection of Lake Tahoe and the Lake Tahoe Basin, causing him to be known as "Nevada's Father of the Original Tahoe Regional Planning Compact"; now, therefore, be it
Resolved by the Senate of the State of Nevada, That Senator C. Coe Swobe, a man known particularly for his vision and leadership in matters of state policy, is hereby inducted into the Senate Hall of Fame of the Legislature of the State of Nevada.
Senator Jacobsen moved the adoption of the resolution.
Remarks by Senators Jacobsen and Raggio.
Senator Jacobsen requested that the following remarks be entered in the Journal.
Senator Jacobsen:
Mr. President and everyone present, this is a special honor for me today. C. Coe Swobe represents the modern era of the Hall of Fame. He was nominated because of his interests, his support, his vision and leadership in matters of state policy. He served 12 years in the legislature, four years in the Assembly and eight years in the Senate. It is interesting to note, Senator Swobe always served in the minority party. He represented Washoe and Storey counties. He was elected minority leader in both houses of the Legislature which is exemplary. He was one of the initiators of the intern program. The program whereby students from the universities come to help during the legislative sessions. The internship program stills exists today. Former Senator and former Lieutenant Governor Wagner is in charge during this session.
Senator Swobe worked toward providing payment of educational expenses for those who were handicapped, whether it be hearing or visual handicaps. In a different manner, he was interested in drugs; and was able to have prescription drugs and medicines exempt from sales tax. I think that was complimentary because all of us in this day and age realize there are times in our lives when certain prescription drugs are a necessity. Another important item he sponsored is the two-term limits for serving as governor. Coe was instrumental in making sure the state had two more Supreme Court Justices. Today, we have five Supreme Court Justices and rightfully so, since Nevada has grown in population.
Senator Coe Swobe is known as the Father of the Original Tahoe Regional Compact. I was in opposition to that measure but it did not change our friendship. It may have stretched it a bit. It is interesting to note that I chair the advisory committee for TRPA.
Through Coe's efforts, all Vietnam veterans could enroll in Nevada's university system and receive the same courtesies and privileges as other veterans of the Armed Services. It is a real privilege and pleasure for me to ask the Senate to adopt S.R. No. 8. It comes with some family flavor too. I apologize for my wife not being here today. We are celebrating our 46th wedding anniversary so I'll not have any problem remembering Coe's special day.
Senator Raggio:
Thank you, Mr. President and fellow members of the Senate.
This is indeed a pleasure today to induct Chester Coe Swobe as the newest inductee into the Senate Hall of Fame. He doesn't like people to know that the "C" stands for Chester so he parted his name on the left, C. Coe Swobe. We need to know that his name is Chester.
This is a particular pleasure for me because I have known Coe Swobe all my life. Dotty and I admire him greatly as well as Janet, his wife, and their families. He has been a mentor to me. When I first entered the Senate in 1973, Coe was in the Senate also. We were a group of six republicans. We had an unusual situation in those days. Regardless of how many members each party had in the Senate, there was expected to be five of the majority party on each standing committee and four of the minority party, too. The Senate had about nine standing committees then. I was on at least nine committees, maybe six or seven. We had to run back and forth to vote in all those committees. I need to tell you, there were a few times when I'm not sure what I voted on. It was an interesting experience. We had great camaraderie. Coe's service in the Senate, and he served in the Assembly before, epitomized what we all strive for: that is, the loyalty, dedication and belief in the legislative process. Senator Jacobsen who also served with former Senator Swobe mentioned the role that he has played in the establishment of the Tahoe Regional Planning Agency. Rightfully, Senator Swobe was known as the Father of the TRPA. It was an historic moment for the states of California and Nevada. There was much travail and concern about entering into a bi-state compact ceding jurisdiction and authority. It was an uneasy task to accomplish. At that time, Paul Laxalt was governor. Coe Swobe worked closely with the executive branch and with the State of California and its executive and legislative branches. In every sense of the word, he certainly is the Father of the TRPA compact that has proved its worth over many years in the preservation of Lake Tahoe, one of the scenic gems of the world. We owe Coe Swobe a great debt of gratitude.
As all of the sitting Senators know and some of the visitors should know, the efforts put forth to induct these individuals into the Hall of Fame are largely the efforts of Guy Rocha, State Archivist, and Bob Erickson, Director, Research Division of the Legislative Counsel Bureau. Through their efforts, they have done the research on all of the history and newspaper articles that Senator Swobe had in a file and has treasured over all the past years regarding the bi-state compact. They have compiled all this information, a history of everything that was involved in the bistate compact process over the many years Coe worked on that process. It is a privilege to present this historical record to Coe on behalf of all the Senators. We want Coe to know how the people of the State of Nevada feel about his efforts. Again, I want to extend my congratulations to Coe and his family and ask for the full Senate's accord on Senate Resolution No. 8.
Resolution adopted.

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

Senate in recess at 11:32 a.m.

SENATE IN SESSION

At 11:36 a.m.
President pro Tempore Jacobsen presiding.
Quorum present.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 13, 1997

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. 24.

Jacqueline Sneddon

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

By Senators Raggio, Titus, Adler, Augustine, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Regan, Rhoads, Schneider, Shaffer, Townsend, Washington and Wiener:
Senate Resolution No. 7--Inducting Keith Ashworth 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
Whereas, Certain past state Senators have distinguished themselves with their exemplary contributions to the State of Nevada; and
Whereas, Keith Ashworth served as a member of the Nevada Legislature from 1967 to 1984, 10 years in the Assembly and 8 years in the Senate, representing Clark County; and
Whereas, During his service as a legislator, Senator Ashworth served as Speaker of the Assembly, Chairman of the Legislative Commission, President Pro Tempore of the Senate, Chairman of the Western Conference of the Council of State Governments and chairman of various standing committees of the Senate and Assembly; and
Whereas, Senator Ashworth sponsored and gained passage of a number of important bills, including "The Nevada Ethics in Government Law," which created the Nevada Ethics Commission and established a statewide Code of Ethical Standards; now, therefore, be it
Resolved by the Senate of the State of Nevada, That Senator Keith Ashworth, a prominent and effective leader in the Nevada Legislature and his community, 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, O'Donnell, Coffin, Neal, O'Connell, Regan and Augustine and Governor Bob Miller.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Raggio:
Thank you, Mr. President pro Tempore. At this time, we are honoring the last but not least of the inductees into the Senate Hall of Fame. It is a pleasure for me to speak to the history of the former Senator Keith Ashworth. He was nominated to the Senate Hall of Fame as a representative of Nevada's modern era. He was a prominent and effective leader, not only in this house, but in the Assembly as well. As you have heard, he served as an elected member of the Nevada Legislature for a period of 18 years. His first 10 years, 1967 to 1976 were served in the Assembly. The following eight years, 1977 to 1984 were served in the Senate. Again, many of us here today had the privilege of serving with Senator Ashworth and knew and admired him.
Following his years of legislative service, he remained very active during legislative sessions as an officer and a lobbyist for the Nevada Power Company. Keith Ashworth represented various legislative districts in Clark County. During his years of legislative service he served as a Democrat. He sponsored and gained passage of a number of important bills. He was a primary sponsor of the Nevada Ethics in Government Law which created the State Ethics Commission and established the statewide code of ethical standards. I think he has probably been watching over the last couple of weeks as we have been discussing the Ethics Commission. He was active in the first law providing for the regulation of title insurers. I know he was particularly interested in the legislation which made driving speeds faster than that of the national speed limit of 55 miles an hour, but not exceeding 70 miles per hour which would be an unnecessary waste of resources currently in short supply. He had a real phobia concerning the national speed limit and he had a great admirer in Senator Neal for that reason. The violation of that speed limit was subject to a $5 fine with no demerit points. He also was active in passage of the legislation which required each county to prepare and mail to property owners individual tax bills which was a matter of grave concern to everyone. There had to be included an itemized list explaining the distribution of the taxes collected. He was one of those in the forefront of making everything open in government.
He served as chairman of a number of important legislative studies. For example, the study of Nevada probate statutes, in 1974 the procedures used in the central assessment of property, and in 1982 local government finance reporting. He was a whiz at budgeting finance. He took a great deal of pride in the fact that he was a P.A. and not a C.P.A. I know he held his license as a P.A. in great reverence.
It is his service as a legislative leader that is certainly remembered by those persons who worked with him. I doubt if anyone in legislative service from here on out will ever serve in the various roles which he did. During his service as a legislator, he served as Speaker of the Assembly, President pro Tempore of the Senate, as Standing Committee Chairman of Assembly Transportation, Senate Human Resources and Facilities, Senate Taxation and Senate Government Affairs. He chaired the Legislative Commission during 1969-1970 and again in 1979-1981. Not only was Senator Ashworth respected in this chamber and the Assembly chamber, he was also respected by his peers across the country. He served as Chairman of the Western Conference of the Council of State Governments. Those are the official comments.
In adding a personal note, let me say that Keith, over the years of my service in this legislature, became a very close and personal friend. We were of different parties, but we shared a lot of the same visions and the same ideals. I had a great learning experience over the years in trying to argue the merits of something with Keith. He was a vociferous arguer. He should have been an attorney as he could debate the socks off anyone. He was a little difficult to convince on some issues, but he was a great contributor. As indicated by the governor, I too miss him not only for his involvement with the legislative process, but personally as a good, kind, devoted friend.
I think it most fitting today that we pause to honor the memory of Keith Ashworth. There is a resolution coming to us from the Assembly which we will also adopt. That shows the deep respect in which he was held by that body.

Senator O'Donnell:
Thank you, Mr. President pro Tempore. Keith Ashworth left the Senate at the time that I entered the Assembly. Although I never had the chance to serve with him, I did see him many times, in the hallways, lobbying for the Nevada Power Company. It got to be kind of comical because, in the Commerce Committee, ably chaired by Senator Townsend, Keith would always come in and make sure that on any bill we had to deal with the Nevada Power Company was exempt. We could always count on Keith saying "Mr. Chairman, I am sure that the Nevada Power Company is exempt from this bill, isn't that correct?" He was always behind passing amendments to make the Nevada Power Company exempt from any action we took.
To say the least, he was a comical character. I liked him and thought he was a great guy. I missed him when he passed on. I went to his funeral and told Colleen that when Keith passed, God was the first one to shed a tear. I mean that. To his sons Glen and Brian I want to say that we will all miss Keith here in this body.

Senator Coffin:
Thank you, Mr. President pro Tempore. Like Senator O'Donnell, I also attended the services at the Zelzah Shrine. Keith was in the Senate when I was serving my first two terms in the Assembly. We weren't nose to nose too often until he became a lobbyist and I became a Senator in 1987. His funeral was more like a wake. There was the serious, the serene and the tears, but you also had some rollicking good humor because that really was what Keith Ashworth thrived upon. He liked the practical joke, the little quip and a sense of humor that kept you off guard so that he could pick your pocket with the proper motivation and with his client in mind. One occasion I recall when he participated in a gag. I am reminded of that because at the funeral probably the most eloquent remarks were given by young Steve Regazio, an executive with the Nevada Power Company, who is here with us today. In 1987, Senator Townsend and I were in the Commerce Committee. Nevada Power Company had a remarkably important bill before us. There was no question that they badly needed it. If you knew Keith, you knew how badly it was needed. This was also Steve's first trip to the legislature. Steve was an up and coming lobbyist. Keith, Randolph and myself got together and decided to play a trick on Steve. We told Keith we thought he had a good bill, but the young lobbyist with him was too serious and needed to be broken into the process properly. After testimony was heard on the bill and it came time to make a determination, Ashworth left the room. Young Steve was left by himself at the witness table. I moved to kill the legislation and another committee member seconded it. The chairman called for a vote and we unanimously killed the bill. Young Mr. Regazio stood there showing his metal and his future growth in corporate politics because he kept his mouth shut and his tears within their ducts until he figured out that we'd had him real good when Keith Ashworth walked back into the room. To finish this scenario, the members of the committee did move for reconsideration, re-opened the vote and did pass unanimously the bill that the Nevada Power Company had that year.
Remembering Keith Ashworth is remembering humor and his participation in a lot of things. While Steve Regazio would not tell this story at Keith's funeral, it would bring great laughter if it were in his biography. While we are remembering Keith, I think it might be appropriate at this time to extend the privilege of the floor to one of Keith's first victims, Steve Regazio.

Senator Neal:
Thank you, Mr. President pro Tempore. I had the opportunity to know Keith when he was Speaker of the Assembly. I knew him many years before when he was running for office and before I got here. I did not really get to know him as a political person until I arrived here in the Senate. I remember one instance, when he was Speaker, he came to this chamber to talk to Senator Gibson. Senator Gibson had problems with bills sent to the Assembly and asked Keith if he could do something with those fellows down there. Keith said he couldn't do anything with them because they were planning on becoming Senators at their next election.
I remember another instance where Jim Schofield who always liked to bring out a bill at the end of session to get rid of the low-level nuclear dump at Beatty, Nevada. Each time, he would manage to get the bill passed out of the Assembly, it would come to the Senate and would go to the committee I chaired. That bill was always hot because Herman Greenspun always made it so. He wanted the dump to be killed. We had one instance where Greenspun called me and left a message for me to call him. I called back and he told me that on the next day there would be headlines in the paper that "Neal nuked Southern Nevada." This was because I had held the bill up in committee. The next morning, I was having breakfast at the Ormsby House Coffee Shop. Keith came over and sat with me. He asked me what I was going to do with the bill. I told him that I was going to bring it out of committee. He asked me why I was going to do that and said why didn't I just stick it in my drawer. I was eating prunes at the time and he said "I hope those prunes work for you."

Senator O'Connell:
Thank you, Mr. President pro Tempore. Some of the things shared by Senator Coffin concerning our beloved friend were things I was going to also share. I happened to sit on that committee. To me, the best thing I could say about Keith is that he was just a pal. He was someone who, from the very beginning, supported me. He was one of the people who first approached me about running for office. He encouraged me, he helped me raise money and he was very dear to me. He was so much fun. No matter what the issue, he was just a fun loving person. He could turn anything into a happy occasion. It did not matter how serious the piece of legislation was, he was fun to be with. Besides that, he was a great cook. I know that many of you sitting on the floor today had the opportunity of being a regular at his dinners which were absolutely delightful. I guess the best thing I could do is to tell his family how very special he was to so many people here. He is sorely missed.

Senator Regan:
Thank you, Mr. President pro Tempore. We are all speaking of what a friend and a pal Keith was to all of us, but a pal and friend of his has made the trip up here today and I do not want him to be overlooked. Mr. Chuck Lindsay, CEO of Nevada Power Company is with us and I would like to thank him for coming up to honor his friend.

Senator Augustine:
Thank you, Mr. President pro Tempore. I always remember Keith when I was a freshman Senator. I could always count on him to be sitting in the Senate lounge when I came in to get a cup of coffee in the morning at eight. He was sitting there watching the news, have the phone on one side of him and would be making calls. He would always give everyone an update on what was going on outside of the State of Nevada. I could count on him being there every morning to welcome us. I don't know what time he was arriving in the morning, but he was always there at 8 o'clock. He was always a great support and I miss him also.

Senator Raggio:
Thank you, Mr. President pro Tempore. I did neglect to mention a couple of things. Senator Ann O'Connell mentioned his cooking and I want to tell you that was part of my survival here. Also, I think we should not forget the credo that Senator Keith Ashworth placed on his wall. It said that "old age and treachery can overcome youth and skill." I want to make sure we remember him for that.
Senator Raggio requested that the following remarks and those of Governor Miller be entered in the Journal.
Senator Raggio:
Thank you, Mr. President pro Tempore and members of the Senate. Today is a historic moment because this is the first time we have had a sitting Governor present for one of these presentations. Governor Miller has known Keith Ashworth most of his life, worked with him and had the sad duty of delivering a eulogy on the occasion of the memorial service for him. He accepted our invitation to be here. Mindful of his schedule, I ask him to speak to the resolution honoring Keith Ashworth.

Governor Miller:
Thank you, Mr. President pro Tempore. I would like to thank the Majority Leader for inviting me to be here today. It is a privilege to be with him. Let me tell him that, in the spirit of compromise, it will not be necessary to provide five computers for every student. I will settle for five computers for every classroom.
I did ask that I be present today, but did not anticipate being allowed the privilege of addressing this resolution. It is a privilege for which I am grateful.
One of the bittersweet moments of my life was being able to speak briefly at Keith Ashworth's funeral. It was certainly an honor to be able to talk about such a distinguished Nevadan in the presence of so many who loved and respected him. It was truly unfortunate that the occasion had to be his passing.
Today is a more joyful occasion since he is being remembered for time immemorial in the Senate Hall of Fame for his accomplishments as a legislator which were many, both in positions of leadership and in positions of his consent and advice which typified his entire life. He carried on, even after he was in the Senate, of being in this building, in between sessions, providing advice and providing information to members of this august body the same of which he had done for myself for many years.
Keith was a good friend of my wife's family. I got to know him as I began my public career longer ago than I care to remember. He always was careful in providing the advice to give you both sides of the equation so that you could understand fully what the issues were before he gave you his own opinion. I always found his own opinion to be the most persuasive one because he was very adept at convincing myself and others as to the correctness of the positions to which he had carefully drawn himself.
I already miss him. I know at his funeral there were many who spoke about the time he spent not only with his family, but with those he worked for and the role model he was for all of them. He will remain as a role model for all of us who knew him and will now potentially be a role model for those who take the time to study his legislative history and his life. We honor today truly one of the great Nevadans in the history of our state. I appreciate the opportunity to address the resolution.
Resolution adopted.

Assembly Concurrent Resolution No. 24--Memorializing long-time Nevada Legislator, Senator Keith Ashworth.
Whereas, It is with profound sadness and regret that members of the Nevada Legislature note the passing of their colleague Senator Keith Ashworth on September 30, 1996; and
Whereas, Lloyd Keith Ashworth was born in Kimberly, Nevada, on September 4, 1924, to Earl and Mary Jane Oxborrow Ashworth; and
Whereas, Keith Ashworth graduated from White Pine High School in Ely, Nevada, in 1943, and 2 years later married his high school sweetheart, Colleen Christensen; and
Whereas, After enlisting in the Army Air Corp, Keith Ashworth became a fighter pilot during World War II; and
Whereas, Keith Ashworth and his brother, Don, established the accounting firm known as Ashworth and Ashworth in Las Vegas; and
Whereas, He later joined the Del Webb Corporation and became Senior Vice President for Community and Government Relations; and
Whereas, More recently, as Executive Vice President of Nevada Power Company, Keith Ashworth had worked as a lobbyist for that company; and
Whereas, Keith Ashworth began his 18-year legislative career when he was elected to the Nevada Assembly in 1967, serving as Speaker of the Assembly during the 1973 and 1975 legislative sessions; and
Whereas, In 1976, Keith Ashworth was elected to the Senate, and as a Senator he served as chairman of the Taxation Committee, Human Resources and Facilities Committee and Government Affairs Committee and was selected to be chairman of the Legislative Commission on two occasions; and
Whereas, Senator Ashworth was respected by all who knew and worked with him, not only for his acute understanding and protection of the best interests of this state, but for his kind, cheerful and warm personality which always brought smiles to those he passed in the legislative hallways; and
Whereas, Keith Ashworth was a member of the Zelzah Shrine, Masonic Daylite Lodge, Jesters, Scottish Rites, Salvation Army and served as President of the Las Vegas Rotary Club, President and life member of the Las Vegas Jaycees, and was a member of the board of directors of the Las Vegas Chamber of Commerce, United Fund, American Bank of Commerce and Valley Hospital; now, therefore, be it
Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 69th Session of the Nevada Legislature express their heartfelt sympathy and sincere condolences to the family and friends of Senator Keith Ashworth; and be it further
Resolved, That Senator Ashworth will long be remembered with the highest regard by his fellow legislators for his compassion, his patient attention to the needs of others and his refreshing sense of humor; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Keith Ashworth's loving wife of 51 years, Colleen, and their sons, Glen, Ken and Brian.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio and Jacobsen.
Resolution adopted.

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

Senate in recess at 12:12 p.m.

SENATE IN SESSION

At 12:18 p.m.
President Hammargren presiding.
Quorum present.

By the Committee on Legislative Affairs and Operations:
Senate Concurrent Resolution No. 37--Commending the people of the Province of Taiwan of the Republic of China for their continued participation in a sister-state relationship with the State of Nevada.
Senator Augustine moved that the bill be referred to the Committee on Legislative Affairs and Operations.
Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By the Committee on Commerce and Labor:
Senate Bill No. 388--An Act making an appropriation to the Nevada Indian Commission for programs designed to meet certain special educational needs of American Indians; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 35.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 191.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.

Assembly Bill No. 225.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.

Assembly Bill No. 382.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 234.
Bill read second time and ordered to third reading.

Senate Bill No. 336.
Bill read second time and ordered to third reading.

GENERAL FILE AND THIRD READING

Senate Bill No. 34.
Bill read third time.
Roll call on Senate Bill No. 34:
Yeas--21.
Nays--None.
Senate Bill No. 34 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 180.
Bill read third time.
Remarks by Senators Neal, O'Donnell and Coffin.
Roll call on Senate Bill No. 180:
Yeas--20.
Nays--Neal.
Senate Bill No. 180 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Senate Bill No. 194.
Bill read third time.
Remarks by Senators Neal and Regan.
Roll call on Senate Bill No. 194:
Yeas--21.
Nays--None.
Senate Bill No. 194 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

Assembly Bill No. 32.
Bill read third time.
Roll call on Assembly Bill No. 32:
Yeas--20.
Nays--Augustine.
Assembly Bill No. 32 having received a constitutional majority, Mr. President declared it passed, as amended.
Bill ordered transmitted to the Assembly.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Adler, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Jean Ford.

On request of Senator Augustine, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Norman Ty Hilbrecht.

On request of Senator Coffin, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Tom Hickey and Lilliam Hickey.

On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Coe Swobe, Janet Swobe, Maxine Poloni, Caryn Swobe, Tom Parker, Jackie Borsum, Tom Borsum, Mr. and Mrs. Paul Argeres, Mr. and Mrs. Clyde Biglieri, Mr. and Mrs. Michael Fitzpatrick, Mrs. Maizie Jesse, Terry Ward, Mr. and Mrs. Richard Lenzora and Mr. and Mrs. Brian J. Whalen.

On request of Senator James, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Helen Foley.

On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Stephanie Tyler.

On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to former Senators Virgil Getto and Carl Dodge.

On request of Senator Neal, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Richard Blakemore and Angie Blakemore.

On request of Senator O'Connell, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Chic Hecht.

On request of Senator O'Donnell, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Wilson McGowan and Mae McGowan.

On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Hal Smith and Tina Smith.

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Norman Glaser, Governor Robert Miller, Glen Ashworth, Karina Ashworth, Megan Ashworth, Kenneth Ashworth, Cindy Ashworth, Matthew Ashworth, Justin Ashworth, Cassidy Ashworth, Brian Ashworth, Heidi Ashworth, Ann Bush, Colleen Ashworth, former Senator Don Ashworth, Mary Ashworth, Jim Cashman, Art Smith, Chuck Lenzie, Frank McCrae, Steve Regazio and Father Caesar Caviglia.

On request of Senator Regan, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Jack Schofield.

On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Norman Glaser, Nelda Glaser, former Assemblymen Andy Murphy and Bob Vaughan.

On request of Senator Schneider, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Roger Bissett.

On request of Senator Shaffer, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Alan Glover.

On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Ann Helrich, Mary Jane Boyle Helrich and Jane Prince.

On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to former Senators Archie Pozzi, Jack Vergiels and Helen Pozzi.

On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to former Senators Margie Foote and Bill Farr and the following students from Lena Juniper Elementary School: Angelica Aparicio, Zachary Carter, Paul Cody, Tyler Cross, Maxwell Floyd, Stephanie Harger, Joshua Herzer, Christopher Hines, Jimmie Mar, Jennifer Martin, Chelzie Mendonca, Arnold Mira, Valerie Padilla, Cory Parker, Wesley Rasmussen, Amanda Reese, Jim Robinson, Leland Schaffer, Dannyn Smith, Niantara Summers, Rosemary Tavares, Lindsay Welty and Chelsea Zirbel; teacher Mrs. Sharp: parents: Cindy Harger, William Schaffer, Michelle Zirbel, Vickie Padilla, Patricia Madison, Francine Taylor, Elizabeth Reese and Xians Yan Mar.

On request of Senator Wiener, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Lori Lippman Brown and Paul Brown.

Senator Raggio moved that the Senate adjourn until Wednesday, May 14, 1997 at 11 a.m.
Motion carried.

Senate adjourned at 12:45 p.m.

Approved:

Lonnie L. Hammargren, M.D.

President of the Senate

Attest: Janice L. Thomas
Secretary of the Senate