SENATE DAILY JOURNAL
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THE SEVENTY-EIGHTH DAY
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Carson City (Monday), April 7, 1997
Senate called to order at 11:10 a.m.
President Hammargren presiding.
Roll called.
All present except Senator O'Donnell, who was excused.
The Reverend Thomas D. Tostenson.
(Fifty years ago today, the U.S. Senate was opened with this prayer.)
We know, Our Father, that there is a time to speak and a time to keep silence. Help us to tell the one from the other. When we should speak, give us the courage of our convictions. When we should keep silence, restrain us from speaking, lest, in our desire to appear wise, we give ourselves away. Teach us the sacraments of silence, that we may use them to know ourselves, and, above us, to know Thee. Then shall we be wise. Through Jesus Christ our Lord.
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.
Raymond D. Rawson,
Chairman
Mr. President:
Your Committee on Natural Resources, to which was referred Senate Joint Resolution No. 5, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Dean A. Rhoads,
Chairman
Assembly Chamber, Carson City, April 3, 1997
To the Honorable the Senate:
I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolutions Nos. 4, 24.
Also, I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 62, 120.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 32, 51, 52, 134, 201.
Jacqueline Sneddon
Assistant Chief Clerk of the Assembly
Senator Titus:
Thank you, Mr. President. I, too, stand in support of this resolution even though I do not like it very much. I think it is too miserly both in terms of the facts it presents and in the compliments it offers. For example, this resolution does not mention the role that Judge Foley has played as mentor to at least half of the lawyers and judges currently practicing in this state. Also, it does not mention his strong love for and charity towards the Catholic Church and his long friendship with Bishop Mark Hurley.
Finally, it does not mention something which is very important to me--two landmark decisions that he delivered in the course of his long and prestigious career. These two decisions not only affect the history of Nevada, but also national history as well. One of those decisions was the Banebury case which was a case involving atomic testing at the Nevada test site. The other was a case involving saving the pup fish, a case all environmentalists cite.
I first met Judge Foley through his daughter Mary Lou who was a student of mine when I first came to teach at the University of Nevada-Las Vegas. Mary Lou and I became very good friends at that time and will be dear friends forever. She introduced me to her father. As I was doing research on atomic testing, he was wonderful, explaining to me and being very patient with a non-lawyer concerning all the nuances and the technicalities of the Banebury case. I will certainly never forget that.
Perhaps he is best remembered by using some of his own words. Back in 1988, the late Senator Nick Horn was teaching a class at the community college in Las Vegas. He had his students write letters to public figures and ask them "to what they attributed their success and what advice they could give to young people." This is actually Judge Foley's reply to a young woman who wrote to him:
Senator Neal:
Thank you, Mr. President. I rise in support of this resolution and I share in many of the comments which have been made by Judge Foley. But, I go back a ways to the time when I first had contact with the Foley name and the Foley family many, many years ago. I watched that entire family evolve and develop. It always was around a sense of fairness and justice. I can recall, many years ago, when Judge Foley was the Attorney General of Nevada that there was a question as to whether or not the Gaming Commission would be able to enforce the Civil Rights Law. Somehow, as attorney general, the question came before him. He rendered an opinion. His opinion said, in essence, that "yes" they did have the obligation to enforce these laws. This was at a time, during the early 1960s, when there were demonstrations throughout the South. This state was mostly segregated. For him to render an opinion of that sort, at that particular time and period, indicated to many of us that his concern for fairness and justice overrode any concern of his political consideration of being in office. We felt that was great. Later, in the 1960s, when he became U. S. District Judge, I was instrumental in getting two cases before him. One dealt with whether or not the labor unions would be integrated. His decision, in that particular case, was a very heartening one for me because he ruled that these unions should be integrated. As a result, building trades today are very much integrated in the South and have a goodly number of minorities, in particular Blacks, who now have risen to positions whereby they can influence future elections within their organizations.
Even though, at that period of my life, I was on the other side of the union question. Those of you who now see me in this body, know that I now fight for unions. It was a result of that decision that I moved over to the other side and became a union supporter.
Another case I can remember with great distinction was one that involved the integration of the hotels in the Las Vegas area. The decision he rendered on that issue was a very profound one. He said unequivocally that the hotels should be integrated; and that their management staff should have no less than 12 percent Blacks. For a judge to render such a strong opinion indicated his sense of fairness and justice in dealing with situations affecting Nevada and the entire country.
I always appreciated his service as a judge, as the attorney general and you could always count on him to make the right decision when you had a case come before him. He made a great contribution to this state in terms of its' social activities and in bringing about fairness and justice. I hope that those who follow in his footsteps, on the bench, recognize his service, his duty, his integrity and his honesty to do right for people who appeared before him. He had a strong sense of justice and a strong sense of protecting the underdog against the big interests of this state and nation as he saw it. I would remember him for this and for the great service he rendered to this state.
Senator Adler:
Thank you, Mr. President. I had the distinct pleasure of meeting Judge Foley and actually having some cases heard in his court when I was first practicing as an attorney. Everyone else has described his great intellectual ability, as a judge, so I am not going to repeat what has already been said. I do have one interesting story to relate where, in one of my cases, there was a key witness on the other side who was a minister, a man of the cloth. He was certain that my client had done what he was accused of, but I was equally certain he had not because of the surrounding circumstances. I wondered how I was going to get around this problem with Judge Foley. I still remember the decision he made from the bench when he said that "although a man of the cloth would never lie, he could certainly be as mistaken as all of the rest of us." I thought this was a very clever decision since I was worried as to how he was going to get around that eyewitness. He was a very clever man, an intellectual man and a very kind man in many respects. I know he will be missed by all of us.
Senator Townsend:
Thank you, Mr. President. I hope that we have opportunities to salute families like the Foleys in the future. I know we are not going to have the opportunity to address a family who, as of January 1, 1997, had someone in public service for 91 straight years. That is something which needs to be in the record. I think there are less opportunities for that happening now, but here is a family that has had that in their blood. They have passed that on from generation to generation. It is something all of us should look to and try to pass on that kind of sense of duty to the members of our own families. The Foley family has shown sense of public duty as something to be respectful to the public.
Senator Titus:
Thank you, Mr. President. I would like to remind everyone that Judge Foley left his letters and his papers to the library at UNLV. Those are all available to the public. It is a wealth of information on legal history and political history which is available to students and to the public. I would invite anyone to take advantage of those.
Resolution adopted.
Senator Raggio moved that Senate Concurrent Resolution No. 25 be immediately transmitted to the Assembly.
Motion carried.
By Senator Jacobsen:
Senate Bill No. 270--An Act relating to radioactive waste; requiring the department of motor vehicles and public safety to establish monitoring stations to monitor and control the transportation of high-level radioactive waste into this state; requiring the department to report to the committee on high-level radioactive waste concerning such stations; and providing other matters properly relating thereto.
Senator Jacobsen moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By the Committee on Finance:
Senate Bill No. 271--An Act relating to qualified state tuition programs; establishing a trust fund for the prepayment of tuition at an institution of higher education; providing for the administration of the trust fund; providing that prepaid tuition contracts may be purchased until July 1, 2001; providing for the expiration of the trust fund when all obligations under the prepaid tuition contracts have been performed; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 272--An Act making an appropriation to the Nevada State Railroad Museum for the purchase and installation of a new motor for the Washoe Zephyr Motorcar; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 273--An Act making an appropriation to the Department of Education for Phase II of the Statewide Management of Automated Record Transfer System; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Finance:
Senate Bill No. 274--An Act relating to boxing; increasing the fee for the promotion of amateur boxing contests, matches or exhibitions; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 32.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 51.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 52.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
Assembly Bill No. 62.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 120.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 134.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
Assembly Bill No. 201.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Senate Bill No. 70.
Bill read second time and ordered to third reading.
Senate Bill No. 71.
Bill read second time and ordered to third reading.
Senate Bill No. 173.
Bill read second time and ordered to third reading.
Senate Bill No. 175.
Bill read second time and ordered to third reading.
DATE: December 6, 1994
TO: All State Agency Heads
FROM : Kevin D. Welsh, Deputy Fiscal Analyst, Fiscal Analysis Division
SUBJECT: Fiscal Notes
The Legislative Commission, pursuant to Assembly Concurrent Resolution No. 67, conducted an interim study on the structure and functioning of the Legislative Counsel Bureau (LCB). One of the several subjects discussed was the preparation and contents of fiscal notes.
The Commission noted that because of the volume of fiscal notes during the legislative session, a detailed review of each fiscal note was impossible. Therefore, it was further noted that agencies could influence the outcome of matters before the legislature through the manipulation of the data contained in the fiscal note.
To minimize the possibility or even the perception of that occurring, the Commission recommended that the Fiscal Analysis Division notify state agency heads that fiscal notes must not be intentionally underestimated or inflated (to encourage or discourage passage). The Commission also approved additional staff for this session to allow for, in addition to other duties, an increased ability to review fiscal notes. If you have any further questions regarding this matter, please contact me at 687-6821.
I raise this, Mr. President, because we have right now sitting on the Desk two bills from the Judiciary Committee which are there because they have large fiscal notes attached to them by the agencies to which they were referred for review. The Judiciary Committee has sent approximately seven measures on re-referral to the Committee on Finance to review fiscal notes. Among those are these three examples. Senate Bill No. 102 is a bill that says you cannot have a sex offender attend the same school as the sex offender's victim. We had a school district come into the committee and say that bill was going to cost them $1.3 million to administer. The largest school district in the state, Clark County, came in and said that they could administer that program for free, no additional fiscal impact. This other smaller school district said $1.3 million. Upon further inquiry, we asked them, what do you base that on? They said they based that on 10 people that we are going to have to send to private school because they can't go to the same school as their victim. We then asked, what did you estimate the cost of private school would be? They said $95,000 per year, per pupil. On some further inquiry, we determined that that was an overestimation by a long shot.
The second example is Senate Bill No. 99 which requires psychosexual evaluations be performed on sex offenders so that judges can provide appropriate treatment for a mentally ill offender before he or she sends them into the prison system. We received an $800,000 fiscal note on that bill. On further inquiry, the Judiciary Committee found that figure had been based on a cost per evaluation of over $1,400. We then called in the representatives of every professional group that handles those evaluations and found that the better estimate is about $400 for such an evaluation. At most, $600. That takes that fiscal note, if you use that estimate, and reduces it down to about one-third of what the original note was.
The final one is Senate Bill No. 155 which is sponsored by every member of the Senate. It sits on the Secretary's Desk with an $80,000-a-year first year biennium fiscal note and a $94,000 second-year biennium fiscal note. What is this bill? This is a bill that would create a confidentiality program so that victims of domestic violence could vote and do other things without having the person who committed domestic violence know where they are. They already have this program in Washington. After five years of operation, they now have the fiscal impact that our agency, the Division of Child and Family Services is estimating for the first year. Secretary of State, Dean Heller, this morning sent his emissary to tell me that if we want to go into the Finance Committee and say we will just move that out of that agency into the Secretary of State's office, he can administer that program that they say is going to cost $80,000 for $20,000 in the first year. You are talking about a program that is only going to have a few people referred to it as it ramps up. Maybe, in the fifth year, they will require the two additional personnel positions that they are saying they need immediately in the Division of Child and Family Services. Maybe we would need those five years from now. You might get to $80,000 by that time.
These are examples, Mr. President. I am not suggesting that anybody has done this intentionally. I am just saying that it has been done. It is very important. What I said at the beginning is that has the potential to shake the legislative process to its very foundation. If we cannot get accurate fiscal date to analyze measures that are proposed by legislators, then we cannot process legislation in this legislative session. These bills now reside in the auspices of the Senate Finance Committee and that committee has committed to me and to rest of the Judiciary Committee that they are going to analyze these notes and determine the real cost of those measures before they take action on them. I trust that they will.
Senator Neal requested that his remarks be entered in the Journal.
Thank you, Mr. President. After listening to the remarks concerning fiscal notes, I fail to discern what is going to be a constitutional crisis by not acting upon these bills or whether or not getting the proper fiscal notes.
I trust that the Senate Committee on Finance, when they indicate they want to look at these bills, I would think they would make sure there were the proper fiscal notes regardless of what the various agencies might do in terms of building up the fiscal notes. They might do this to keep a measure from passing or having to enforce these pieces of legislation.
In this house, we have a committee system, but the committee system is part of the 21 members of this house. It is in this area we pass or do not pass the bill out. Because we get a "do pass" from the committee does not necessarily mean that that piece of legislation would get by this particular body.
I would also like to state that if we have problems in this regard, the proper course to take is that which has been taken. It is to have the bill referred to committee that has the expertise to look at that. They would call up the individuals, if necessary, place them under oath and ask them questions concerning the piece of legislation. I do not see whether or not we are going to have a constitutional crisis. I understand that there might be fear that, as time passes, that someone may feel that their bill might not get adequate recognition or redress needed before the Majority Leader says that we sine die. Hopefully, we can understand that, in this house, we do not have committee chairmen who are dictators who say that these bills are going through this legislature without anyone putting a thing on them. That does not happen. As long as I am here, if I have questions on bills that are processed through, I am going to stand up and ask questions. If need be, if I think it is important enough for the public to be aware of, I am going to ask that my remarks be placed into the record so they can read about it.
I do not see any constitutional crisis from someone raising a question concerning the fiscal note of any particular bill; my bills or anyone else's bills. The fiscal note is necessary in order to find out whether or not the bill is going to cost the state additional money. That is the way we find that out, whether or not the fiscal note comes back with an increase we did not think was necessary. If we feel that way, there are means by which we can get the necessary information to act upon the measure.
Senator Raggio requested that his remarks be entered in the Journal.
Thank you, Mr. President. I have assured the Chairman of the Judiciary Committee that the fiscal staff has been directed to look into all of the fiscal notes. You need to know that when you get a request for a fiscal note, you must send it back promptly. Some people do not do that. That exacerbates the problem. Send the fiscal note request back immediately. What happens sometimes is that the agency takes a cursory look at it, they either like the bill or they don't. In any event, I assure you that the Committee on Finance and the fiscal staff will review those requests and determine as reasonably as we can as to what actual cost is involved. The problem is that we can't pass a bill out of here that has money connected with it unless the budgets are adjusted to accommodate that kind of fiscal impact.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Elizabeth Foley, George Foley, John Foley, Mark Foley, former Governor Mike O'Callaghan, and former Senator Helen Foley.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Ann Foley, Mary Lou Foley and the following members of the Junior League of Reno: Charlene Bybee, Diane Edwards, Rosemary Pressler, Cydi Staab, Karen Pillsbury and Bonnie McNemomy; and the following members of the Las Vegas Junior League: Judy Beal, Patricia Brames, Brenda Dizon, Betsy Fretwell, Louise Helton, Patty Joyce, Dr. Helen Klatt, LuAnn Kutch and Sarah Rigney.
On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to the following members of the Governor's Committee on Employment of People with Disabilities: Louise Curtis, Kathie Higgins, Bernard Kaufman and Glenn Taylor.
Senator Raggio moved that the Senate adjourn until Tuesday, April 8, 1997 at 11 a.m.
Motion carried.
Senate adjourned at 12:10 p.m.
Approved:
Lonnie L. Hammargren, M.D.
President of the Senate
Attest: Janice L. Thomas
Secretary of the Senate