THE SEVENTY-THIRD DAY

                               

Carson City(Wednesday), April 18, 2001

    Senate called to order at 10:51 a.m.

    President Hunt presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Monsignor Leo McFadden.

    Lord, by the labor of these Legislators and the numerous staff, You bring our State to the clarity of purpose we will need for all our tomorrows.

    Be with these men and women of Nevada and inspire them to lead us, as best they can, to the brightness of our tomorrows.

    As we enter the second half of our session for 2001, inspire these dedicated Nevadans to stay the course, to conciliate, to support one another for the greater good of a greater Nevada. We Nevadans are in their hands. May they be in Yours.

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 Senate Bills Nos. 362, 378, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Randolph J. Townsend, Chairman

Madam President:

    Your Committee on Finance, to which was referred Assembly Bill No. 587, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

William J. Raggio, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, April 13, 2001

To the Honorable the Senate:

    I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bill No. 383.

              Patricia R. Williams

                   Assistant Chief Clerk of the Assembly

Assembly Chamber, Carson City, April 17, 2001

To the Honorable the Senate:

    I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 277, 363, 414, 553, 557, 570, 607, 621.

    Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 83, 134, 135, 192, 205, 236, 242, 315, 320, 335, 381, 580.

              Patricia R. Williams

                   Assistant Chief Clerk of the Assembly


WAIVERS AND EXEMPTIONS

Notice of Exemption

April 18, 2001

    The Fiscal Analysis Division. Pursuant to Joint Standing Rule No. 14.6, has determined the exemption of: Senate Bill No. 494.

                Gary Ghiggeri

                Fiscal Analysis Division

MOTIONS, RESOLUTIONS AND NOTICES

    By Senators Titus, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Townsend, Washington, Wiener; Assemblymen Giunchigliani, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams:

    Senate Concurrent Resolution No. 34—Honoring the University Studies Abroad Consortium within the University and Community College System of Nevada.

    Whereas, The University Studies Abroad Consortium was established in 1982 by Drs. Joseph N. Crowley and William A. Douglass of the University of Nevada, Reno, and by Drs. John Barnes and Pat Bieter of Boise State University; and

    Whereas, The physical resources and the academic context for the Consortium were provided by the University of the Basque Country in Spain; and

    Whereas, The mission of the Consortium was to create an academic program for university students from America abroad in the Basque Country; and

    Whereas, The University of Nevada, Reno, with its Basque Studies Program, Boise State University, with its Basque population, and the University of the Basque Country were logical participants in such an enterprise; and

    Whereas, In the fall of 1983, the first academic program was launched with a group of 28 students in San Sebastian, Spain; and

    Whereas, In 1985, the University of Nevada, Las Vegas, joined the Consortium which has been growing ever since; and

    Whereas, Today there are 22 universities participating in the Consortium that send, each year, approximately 1,700 students to 23 program sites in 17 countries while employing more than 110 faculty members and staff from around the world; and

    Whereas, The Consortium provides opportunities for faculty members by offering professors the chance to teach abroad and make professional contacts with their counterparts at foreign host universities; and

    Whereas, During the 18 years the Consortium has been in existence, 62 professors from the University of Nevada, Reno, and the University of Nevada, Las Vegas, have taught courses in the academic program; and

    Whereas, Perhaps the most important aspects of this program are the academic, cultural and social opportunities provided to the participating students; and

    Whereas, While studying and living abroad, students expand their cultural horizons, gain valuable knowledge and a more accurate insight into world affairs, learn foreign languages and participate in internships; and

    Whereas, The University of Nevada, Reno, continues to assume the role as the Consortium’s lead university and, as its primary trustee, processes contracts for both faculty members and employees, monitors funding for the Consortium and manages the Consortium’s overall operations; and

    Whereas, To the credit of both the University of Nevada, Reno, and the University of Nevada, Las Vegas, the courses which are offered to students who participate in the Consortium’s academic program have been developed to reflect accurately those of the University and Community College System of Nevada; and

    Whereas, These courses extend and enhance the curriculum of the University and Community College System of Nevada and include courses in foreign languages such as Spanish, French, Italian, German, Basque, Thai, Chinese, Czech and Hebrew, traditional courses such as political science, history, education, anthropology, international business and economics, literature and ecology, and such exotic courses as aeronautical engineering, marine geoscience and laser physics; and

    Whereas, The University Studies Abroad Consortium adds a valuable dimension to international relations as well as to the University and Community College System of Nevada; now, therefore, be it

    Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 71st session of the Nevada Legislature hereby honor the University Studies Abroad Consortium within the University and Community College System of Nevada as an organization that has provided and continues to provide many professors who are employed in the System with an invaluable opportunity to teach abroad and hundreds of students being educated in the State of Nevada with a unique opportunity to study abroad, thereby providing these college students with the skills, knowledge and worldly experience necessary to participate successfully in the world of the future; and be it further

    Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Dr. Carmelo Urza, Director, University Studies Abroad Consortium, University of Nevada, Reno.

    Senator Titus moved the adoption of the resolution.

    Remarks by Senators Titus and Townsend.

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

    Senator Titus:

    It is my privilege and pleasure to sponsor this resolution today honoring the University Studies Abroad Consortium known as USAC.

    As you have heard, this program was first established in 1982 by Drs. Crowley and Douglass at University of Nevada, Reno, in conjunction with several colleagues at Boise State University.  The original program involved a student exchange between those two institutions and the University of the Basque Country in Spain.

    Since that time, the program, under the adept leadership of Carmelo Ursa, has expanded to include 22 universities in the consortium.  There are now programs at 23 sites in 17 countries, and with the recent addition of a program in Ghana, USAC will have a presence on every continent in the world except for Antarctica.

    The program provides wonderful academic, cultural and social opportunities for students. The invaluable experience of studying and living abroad is perhaps best described in the words of a participant who wrote this letter:

   After spending one semester studying here in San Sebastian, Spain, I realized that in order to fully experience this amazing place I would definitely need to stay for a whole year! This town is enchanting; every day is full of new experiences. I have witnessed so many beautiful things; it is difficult to put them into words. I fully understand why you strongly support study abroad programs. I truly feel that every one should have the opportunity to experience this. There is no feeling like being able to express yourself in a foreign language. It opens so many doors, and it has helped me to begin to understand not only the differences between people of different cultures and backgrounds but also the similarities. Meeting so many people from all over the world has taught me that no matter where in the world we are from, we all have so very much in common. I am so very grateful for the opportunity to spend more time here. There is still so much to learn about people, about myself and, of course, about Spanish verb conjugations.

    Senator Townsend:

    Thank you, Madam President. All of us should be supportive of the resolution the Minority Leader has brought to us and articulated so well by her. I have been fortunate to experience some of the things that this program represents. Mine started in high school and continued through graduate school. The opportunity to see other cultures, but more importantly, to see how they perceive us was a revelation particularly during my first years over there starting when I was 14. To see that other people do not necessarily perceive us as we perceive ourselves is something that we should all have as an experience. To be able to exchange cultural views and to share language differences is something that I believe provides opportunities particularly to those who come to Nevada for an education that they might not otherwise get. What has been brought forth today is important. I hope that anyone who has an opportunity, whether it is as a professor or as a student, takes advantage of this because their world will change for the better. I am glad all of you are here, and I am glad to be able to rise in support of this today.

    Resolution adopted.

    Senator Titus moved that all rules be suspended and that Senate Concurrent Resolution No. 34 be immediately transmitted to the Assembly.

    Motion carried unanimously.

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

    Motion carried.

    Senate in recess at 11:05 a.m.

SENATE IN SESSION

    At 11:08 a.m.

    President Hunt presiding.

    Quorum present.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, April 18, 2001

To the Honorable the Senate:

    I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolutions Nos. 23, 24.

              Patricia R. Williams

                   Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

    Assembly Concurrent Resolution No. 23—Welcoming the exhibit entitled “Una Storia Segreta” (A Secret Story) regarding the treatment of certain Italian Americans during World War II.

    Whereas, During World War II, more than 600,000 Italian-born immigrants living in the United States were classified as “enemy aliens” because they were not American citizens; and

    Whereas, The freedom of these immigrants and their families was hampered by the United States government with the imposition of measures that included requiring them to carry identification cards at all times, the seizure of personal property and restrictions on their travel; and

    Whereas, More than 10,000 Italian Americans living on the West Coast were forced to leave their homes and businesses and were prohibited from entering coastal zones, and many of these evacuees relocated to Nevada where housing and jobs were available; and

    Whereas, Another 50,000 Italian Americans who remained in their homes were subjected to harsh and unfair curfews; and

    Whereas, During this time, thousands of Italian-American immigrants were arrested and hundreds were interned in military camps; and

    Whereas, More than 500,000 Italian Americans performed exemplary service in the United States Armed Forces during World War II, and thousands sacrificed their lives in defense of the United States; and

    Whereas, At the time, Italians were the largest foreign-born group in the United States, and today are the fifth largest group of immigrants in the United States, numbering approximately 15 million; and

    Whereas, The impact of the wartime experience was devastating to Italian-American communities in the United States and its effects are still being felt; and

    Whereas, A deliberate policy of the United States government ensured that the story of the treatment of Italian Americans during World War II was kept secret from the public, and even today many of the details surrounding these events remain classified and the full story remains unknown to the public; and

    Whereas, The story of the treatment of Italian Americans during World War II needs to be told in order to acknowledge that these events happened, to remember those whose lives were unjustly disrupted and whose freedoms were violated, to help repair the damage to the Italian-American community, and to discourage the occurrence of similar injustices and violations of civil liberties in the future; and

    Whereas, In March 1993, at a conference sponsored by the American Italian Historical Association’s Western Regional Chapter, an exhibit to be known as “Una Storia Segreta” (A Secret Story) had its inception; and

    Whereas, This exhibit unveils a secret history that has remained hidden for over 50 years because of the silence which was first imposed by the United States government and then adopted as a protective cover by those whose lives were affected; and

    Whereas, Not only has the secret story concerning the Italian Americans during World War II been suppressed from historical accounts, but the Italian-American community itself has remained largely unaware of its existence; now, therefore, be it

    Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 71st session of the Nevada Legislature welcome the exhibit entitled “Una Storia Segreta” (A Secret Story) to the Las Vegas Art Museum where the exhibit will be open to the public from April 7 through April 29, 2001; and be it further

    Resolved, That not only Italian Americans but all residents from the State of Nevada are encouraged to take advantage of the opportunity to view this exhibit which is sure to jog the memories and open the eyes of many, and promote greater awareness of the injustices endured by the many Italian Americans and their families living in this state; and be it further

    Resolved, That the members of the Nevada Legislature wish to thank the members of the Augustus Society, a nonprofit organization of Las Vegas professional and lay men and women of Italian-American heritage, for sponsoring this exhibit; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Jim Donofrio from the Augustus Society who was responsible for and instrumental in bringing the exhibit to Las Vegas.

    Senator Raggio moved the adoption of the resolution.

    Remarks by Senator Raggio.

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

    It is quite appropriate, this morning, that we consider this resolution. We have had a resolution honoring the Basque people and the Basque programs in our universities. We had some representatives here from Poland. This is the resolution that deals with and tells the story about the treatment of Italian Americans and Italian immigrants during World War II.

    This resolution details the fact that there were many immigrants who came to this country from Italy who were treated in the same fashion as the Japanese Americans were treated during WWII. This is a fact not often told nor is it understood by many. In the coastal areas, they were required to leave their homes. They were told to move to other areas or held in camps. The history of this country is replete with efforts and contributions of Italian Americans who served in the military during WWII even to the point of serving in the forces during the campaign through Italy. This has long been a suppressed story. Through the efforts of many who felt this story should be told, this exhibit has been put together and is in Las Vegas on display at the Las Vegas Art Museum and will be there through April 29. I would encourage those of you who live in the area or any who might visit to take the time to see this exhibit, the “Secret Story” as it is called about the treatment about the Italians in America. It is appropriate that we take time to acknowledge the debt that this country owes to those who came here to make this country not only better for themselves but better for the rest of us. I am the beneficiary of those who had the foresight and the courage to come here and settle in this land. I commend this resolution to you, Madam President.

    Resolution adopted.

    Resolution ordered transmitted to the Assembly.

    By Senators Raggio, Titus, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Townsend, Washington, Wiener; Assemblymen Dini, Perkins, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Ohrenschall, Parks, Parnell, Price, Smith, Tiffany, Von Tobel and Williams:

    Senate Concurrent Resolution No. 35—Commending Buzz Aldrin for his lifetime achievements.

    Whereas, Edwin E. Aldrin, Jr., was born in Montclair, New Jersey, on January 20, 1930, and is now known worldwide as “Buzz” Aldrin, after legally changing his name to reflect the nickname given to him by his sister, who called him “Buzzer” when she couldn’t quite pronounce “brother”; and

    Whereas, Buzz Aldrin was influenced by the interests of his father, a pioneer in aviation who studied rocket development, and one must wonder whether his mother’s name, Marion Moon, was just a coincidence; and

    Whereas, Buzz graduated with honors in 1951 from the United States Military Academy at West Point, ranking third in his class of 475, was commissioned as an officer in the United States Air Force and received his wings in 1952; and

    Whereas, During the Korean War, Buzz Aldrin distinguished himself by destroying two enemy MIG-15s and flying F-86 Sabre jets in 66 combat missions; and

    Whereas, Buzz pursued his career in the Air Force by serving as an Aerial Gunnery Instructor at Nellis Air Force Base, attending the Squadron Officers’ School at the Air University, Maxwell Air Force Base, in Alabama and flying F-100 aircraft as a Flight Commander with the 36th Tactical Fighter Wing at Bitburg, Germany; and

    Whereas, The desire to excel led him to the Massachusetts Institute of Technology, where he earned a doctorate degree in astronautics in 1963; and

    Whereas, After completing an assignment in the Gemini Target Office of the Air Force Space Systems Division in Los Angeles, California, Dr. Aldrin was transferred to the United States Air Force Field Office at the Manned Spacecraft Center, where he was introduced to the Gemini program and worked on integrating experiments of the Department of Defense with the National Aeronautics and Space Administration (NASA); and

    Whereas, In October 1963, the dream of a lifetime came true when Buzz was accepted into NASA’s astronaut program, and after 3 years of training, he was launched into space on November 11, 1966, for a 4-day flight with James Lovell aboard the Gemini XII; and

    Whereas, On that flight, Colonel Aldrin set a new record for extravehicular activity by spending more than 5 hours outside the spacecraft, and because of problems with the radar, “Dr. Rendezvous” cemented a second nickname by performing a successful docking rendezvous using, for the first time ever, only the backup charts aboard the spacecraft; and

    Whereas, On July 20, 1969, Colonel Buzz Aldrin participated in the unprecedented heroic event that was witnessed by the largest worldwide television audience in history, as he stepped out of Apollo XI onto the surface of the moon and stamped into millions of minds the lasting image of an earthling in his space suit, facing the United States flag; and

    Whereas, Colonel Aldrin has logged an incredible 4,500 hours of flying time, of which 289 hours and 53 minutes were in space, including extravehicular activity time of 7 hours and 52 minutes, and he has received over 50 special honors, ranging from the Presidential Medal of Freedom to the National Geographic Society’s Hubbard Medal; and

    Whereas, Buzz Aldrin is an accomplished author of four books and a coauthor of two others, and he participates in many organizations, such as the American Institute of Aeronautics and Astronautics, the Society of Experimental Test Pilots, the International Academy of Astronautics and Sigma Xi, the Scientific Research Society; and

    Whereas, After retiring from the Air Force and NASA, Dr. Aldrin has remained at the forefront of efforts to ensure a continued leading role for America in manned space exploration, as evidenced by his development of a master plan of evolving missions for sustained space exploration, his patented design for a permanent space station, the founding of a company that designs rockets and the establishment of a nonprofit foundation that is devoted to opening the doors to space tourism for all; and

    Whereas, Buzz Aldrin continues to quench his thirst for adventure through such journeys as a trip to the North Pole and an 11-hour underwater dive to observe the recovery attempt of part of the Titanic, and as the new millennium beckons, his enthusiasm for such adventure is transplanted into audiences all over the world when this well-loved, enthralling international speaker motivates, captivates and entertains with tales of his experiences; and

    Whereas, Colonel Buzz Aldrin will honor Carson City with such a speaking engagement on April 18, 2001, at the Carson City Community Center to help raise money for the Jack C. Davis Observatory soon scheduled for construction on the campus of Western Nevada Community College in Carson City; now, therefore, be it

    Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature do hereby commend Colonel Buzz Aldrin for his lifetime achievements that have made him unquestionably one of the world’s most dynamic forces in aeronautics and space exploration; and be it further

    Resolved, That it is with great pride we welcome him to Carson City and salute his efforts to make possible a new observatory where thousands can study and be entranced with the beauties of space and heavenly bodies that he has actually visited; and be it further

    Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Buzz Aldrin.

    Senator Raggio moved the adoption of the resolution.

    Remarks by Senator Raggio.

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

    The resolution speaks for itself so I will keep my remarks brief. I would like to remind the Senate that we will be privileged to hear Colonel Buzz Aldrin this evening at 5 p.m. when we have a Joint Session with the Assembly. He will be introduced first, followed by an address from Representative Shelley Berkley. We consider it an honor for Colonel Aldrin to come to the Legislature. He will be in Carson City to speak at a special event on behalf of the Western Nevada Community College and its program for the Jack C. Davis Observatory, which is scheduled for construction. What an honor to have a national hero and someone who is preeminent in space exploration. I know that the Senate looks forward to this and suggest that we adopt the resolution and send it to the Assembly.

   


    Resolution adopted.

    Senator Raggio moved that all rules be suspended and that Senate Concurrent Resolution No. 35 be immediately transmitted to the Assembly.

    Motion carried unanimously.

    Assembly Concurrent Resolution No. 24—Memorializing Julian Wallace.

    Whereas, The members of the Nevada Legislature note with sadness the passing of Julian Wallace on August 2, 2000; and

    Whereas, Julian Walter Wallace was born on September 13, 1912, in Brooklyn, New York; and

    Whereas, After moving to California, Julian Wallace met Lillian Kramer, the woman he would marry on January 17, 1948, and who would become his partner in every endeavor from that day forward; and

    Whereas, With their move to Nevada in 1978, Julian and Lillian Wallace brought with them their deep involvement in various organizations, including Julian’s membership in the Fraternal Order of Knights of Pythias, an international fraternity in which Julian served as Chancellor Commander and whose principles of friendship, charity and benevolence he incorporated into his daily life; and

    Whereas, Lifetime members of the City of Hope, Julian and Lillian Wallace worked as volunteers in many projects initiated to raise money for the life-saving work of the City of Hope National Medical Center whose mission is the prevention, treatment and cure of cancer and other life-threatening diseases through innovative research and patient care; and

    Whereas, Active with the Mobile Homeowners League of the Silver State, Julian Wallace became its Executive Vice President in 1982, and it was as a representative of this organization that he became involved with Seniors United, a coalition of senior citizen activist groups formed during the election year of 1982 to win election for candidates who supported their views; and

    Whereas, While many of the senior groups dissolved after the election, Julian and Lillian Wallace felt that an organization with the potential of Seniors United should not be discarded and took over the leadership which they would retain for the next 17 years, changing its focus to a political education organization dedicated to developing the political knowledge of seniors with forums for discussions and presentations of topical issues while challenging the members to recognize the strength of their collective voting power; and

    Whereas, The team of Julian and Lillian Wallace has received numerous honors and awards for their achievements while directing the course of Seniors United including a recognition by Senator Harry Reid recorded in the Congressional Record of November 7, 1997, in which he paid tribute to “two Nevadans whose lives serve as an inspiration not only to all Nevadans but to this Nation and to this distinguished body” and he noted further that they “never hesitate to hold their elected officials’ feet to the fire and demonstrate on a daily basis that an active and involved citizenry is definitely not a function of age.”; and

    Whereas, Never one to take retirement as a time to slow down, Julian Wallace also served on the Clark County Parks and Recreation Board, was active with the Retired and Senior Volunteer Program and was a delegate to the 1995 White House Conference on Aging, which was followed by a special invitation to the 1997 presidential inauguration; and

    Whereas, The cheerful, positive demeanor and the ever-present smile of Julian Wallace will be missed by those who knew him and were drawn by the magnetic personality that made him irresistible to people of all ages; and

    Whereas, Julian Wallace is survived by his wife, Lillian, who said of their 52 1/2 years together that “we enjoyed every minute of it,” and by his brothers, Theodore of Los Angeles, California, and Martin Rock of Scottsdale, Arizona; now, therefore, be it

    Resolved by the assembly of the State of Nevada, the Senate Concurring, That the members of the 71st session of the Nevada Legislature extend their sincere condolences to Lillian Wallace on the loss of her loving husband and closest friend; and be it further

    Resolved, That Julian Wallace will long be remembered for his commitment to the Phythian principles of “service to mankind” and “peace through understanding” and as a man who made everyone his friend; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Lillian, his beloved wife and partner for over half a century.

    Senator Titus moved the adoption of the resolution.

    Remarks by Senator Titus.

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

    As you heard from the resolution, Julian Wallace was a wonderful member of the Las Vegas community who was active in senior organizations and as an advocate for mobile home residents. He was well known and respected in Southern Nevada where he and his delightful wife Lillian have clearly demonstrated that an active and involved citizenry is not a function of age. I urge you to support this resolution and send a message of thanks to his widow Lillian for all they have done.

    Resolution adopted.

    Resolution ordered transmitted to the Assembly.

    Senator Care moved that Senate Bill No. 214 be taken from the Secretary’s Desk and placed at the bottom of the General File.

    Remarks by Senator Care.

    Motion carried.

    Senator O'Donnell moved that Senate Bill No. 415 be taken from the General File and placed on the Secretary’s desk.

    Remarks by Senator O'Donnell.

    Motion carried.

    Senator O'Donnell moved that Senate Bill No. 525 be taken from the Secretary's desk and placed at the bottom of the General File.

    Remarks by Senator O'Donnell.

    Motion carried.

    Senator McGinness moved that Senate Bill No. 381 be taken from the Second Reading File and placed on the Second Reading File for the next legislative day.

    Remarks by Senator McGinness.

    Motion carried.

    Senator Raggio moved that for this legislative day the Secretary of the Senate dispense with reading the histories and titles of all bills and resolutions.

    Remarks by Senator Raggio.

    Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

    Assembly Bill No. 83.

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

    Motion carried.


    Assembly Bill No. 134.

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

    Motion carried.

    Assembly Bill No. 135.

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

    Motion carried.

    Assembly Bill No. 192.

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

    Motion carried.

    Assembly Bill No. 205.

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

    Motion carried.

    Assembly Bill No. 236.

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

    Motion carried.

    Assembly Bill No. 242.

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

    Motion carried.

    Assembly Bill No. 277.

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

    Motion carried.

    Assembly Bill No. 315.

    Senator Raggio moved that the bill be referred to the Committee on Transportation.

    Motion carried.

    Assembly Bill No. 320.

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

    Motion carried.

    Assembly Bill No. 335.

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

    Motion carried.

    Assembly Bill No. 363.

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

    Motion carried.

    Assembly Bill No. 381.

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

    Motion carried.

    Assembly Bill No. 383.

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

    Motion carried.

    Assembly Bill No. 414.

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

    Motion carried.

    Assembly Bill No. 553.

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

    Motion carried.

    Assembly Bill No. 557.

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

    Motion carried.

    Assembly Bill No. 570.

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

    Motion carried.

    Assembly Bill No. 580.

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

    Motion carried.

    Assembly Bill No. 607.

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

    Motion carried.

    Assembly Bill No. 621.

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

    Motion carried.

SECOND READING AND AMENDMENT

    Senate Bill No. 88.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 241.

    Amend section 1, page 1, line 2, by deleting “20,” and inserting “17,”.

    Amend sec. 2, page 1, line 3, by deleting “20,” and inserting “17,”.

    Amend sec. 8, page 2, by deleting line 8 and inserting: “has a lien for the labor, care and expense”.

    Amend the bill as a whole by renumbering sections 10 and 11 as sections 11 and 12 and adding a new section designated sec. 10, following sec. 9, to read as follows:

    “Sec. 10. 1.  To perfect the lien provided for in section 8 of this act, a producer must, not later than 45 days after the date on which the lien attaches pursuant to section 9 of this act, file a notice of the lien in the office of the secretary of state.

    2.  A notice of lien that is filed pursuant to subsection 1 must be verified by the oath of the producer and must contain:

    (a) The name of the producer;

    (b) The name of the processor;

    (c) A statement of the terms and conditions of the contract between the producer and the processor; and

    (d) The total amount owed to the producer by the processor under the terms of the contract, after deducting any applicable credits or offsets.

    3.  Not later than 24 hours after filing a notice of lien pursuant to this section, a producer shall send a copy of the notice of lien to the processor by certified mail.”.

    Amend sec. 10, page 2, by deleting line 41 and inserting “the processor.”.

    Amend the bill as a whole by deleting sec. 12.

    Amend sec. 13, page 4, line 16, before “processed” by inserting “nonproprietary”.

    Amend sec. 13, page 4, line 18, before “processed” by inserting “nonproprietary”.

    Amend the bill as a whole by deleting sections 14 through 16 and renumbering sections 17 through 20 as sections 14 through 17.

    Amend sec. 18, page 5, line 42, by deleting “producer” and inserting “processor”.

    Amend sec. 19, page 6, line 7, by deleting “conclusive”.

    Amend sec. 20, page 6, line 13, by deleting “20,” and inserting “17,”.

    Amend the bill as a whole by deleting sec. 21.

    Amend the title of the bill to read as follows:

    “AN ACT relating to statutory liens; providing for the creation and foreclosure of a lien for farm products; and providing other matters properly relating thereto.”.

    Senator Care moved the adoption of the amendment.

    Remarks by Senator Care.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 91.

    Bill read second time.

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

    Amendment No. 76.

    Amend sec. 2, page 1, line 13 after “assistant” by inserting: “, certified registered nurse anesthetist”.

Amend sec. 27, page 10, line 26, by deleting “800” and inserting “600”.

    Amend sec. 28, page 11, line 18, by deleting “or interaction”.

    Amend sec. 28, page 11, line 20, by deleting “or interaction”.

    Amend sec. 28, page 11, by deleting lines 21 and 22 and inserting: “has an adverse impact on the quality of care rendered to a patient.”.

    Amend sec. 28, page 11, line 29, by deleting: “for the sole purpose” and inserting: “with the intent”.

    Amend sec. 28, page 11, by deleting lines 31 and 32 and inserting:

    “9.  The engaging in conduct that brings the medical profession into disrepute, including, without”.

    Amend the bill as a whole by adding new sections designated sections 77.1, 77.3 and 77.5, following sec. 77, to read as follows:

    “Sec. 77.1.  Section 1 of Assembly Bill No. 78 of this session is hereby amended to read as follows:

    Section 1.  NRS 632.017 is hereby amended to read as follows:

    632.017  “Practice of practical nursing” means the performance of selected acts in the care of the ill, injured or infirm under the direction of a registered professional nurse, an advanced practitioner of nursing, a licensed physician, a licensed physician assistant, a licensed dentist or a licensed podiatric physician, not requiring the substantial specialized skill, judgment and knowledge required in professional nursing.

    Sec. 77.3.  Section 2 of Assembly Bill No. 78 of this session is hereby amended to read as follows:

    Sec. 2. NRS 632.018 is hereby amended to read as follows:

    632.018  “Practice of professional nursing” means the performance of any act in the observation, care and counsel of the ill, injured or infirm, in the maintenance of health or prevention of illness of others, in the supervision and teaching of other personnel, in the administration of medications and treatments as prescribed by an advanced practitioner of nursing, a licensed physician, a licensed physician assistant, a licensed dentist or a licensed podiatric physician, requiring substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical and social science, but does not include acts of medical diagnosis or prescription of therapeutic or corrective measures.

    Sec. 77.5. Section 3 of Assembly Bill No. 78 of this session is hereby amended to read as follows:

    Sec. 3.  NRS 454.213 is hereby amended to read as follows:

    454.213  A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:

    1.  A practitioner.

    2.  A physician assistant at the direction of his supervising physician or a licensed dental hygienist acting in the office of and under the supervision of a dentist.

    3.  Except as otherwise provided in subsection 4, a registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing physician, physician assistant, dentist, podiatric physician or advanced practitioner of nursing, or pursuant to a chart order, for administration to a patient at another location.

    4.  In accordance with applicable regulations of the board, a registered nurse licensed to practice professional nursing or licensed practical nurse who is:

    (a) Employed by a health care agency or health care facility that is authorized to provide emergency care, or to respond to the immediate needs of a patient, in the residence of the patient; and

    (b) Acting under the direction of the medical director of that agency or facility who works in this state.

    5.  An intermediate emergency medical technician or an advanced emergency medical technician, as authorized by regulation of the state board of pharmacy and in accordance with any applicable regulations of:

    (a) The state board of health in a county whose population is less than 100,000;

    (b) A county board of health in a county whose population is 100,000 or more; or

    (c) A district board of health created pursuant to NRS 439.370 in any county.

    6.  A respiratory therapist employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.

    7.  A dialysis technician, under the direction or supervision of a physician or registered nurse only if the drug or medicine is used for the process of renal dialysis.

    8.  A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:

    (a) In the presence of a physician or a registered nurse; or

    (b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.

A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

    9.  Any person designated by the head of a correctional institution.

    10.  An ultimate user or any person designated by the ultimate user pursuant to a written agreement.

    11.  A nuclear medicine technologist, at the direction of a physician and in accordance with any conditions established by regulation of the board.

    12.  A radiologic technologist, at the direction of a physician and in accordance with any conditions established by regulation of the board.

    13.  A chiropractic physician, but only if the drug or medicine is a topical drug used for cooling and stretching external tissue during therapeutic treatments.

    14.  A physical therapist, but only if the drug or medicine is a topical drug which is:

    (a) Used for cooling and stretching external tissue during therapeutic treatments; and

    (b) Prescribed by a licensed physician for:

        (1) Iontophoresis; or

        (2) The transmission of drugs through the skin using ultrasound.

    15.  In accordance with applicable regulations of the state board of health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

    16.  A veterinary technician at the direction of his supervising veterinarian.

    17.  In accordance with applicable regulations of the board, a registered pharmacist who:

    (a) Is trained in and certified to carry out standards and practices for immunization programs;

    (b) Is authorized to administer immunizations pursuant to written protocols from a physician; and

    (c) Administers immunizations in compliance with the “Standards of Immunization Practices” recommended and approved by the United States Public Health Service Advisory Committee on Immunization Practices.”.

    Senator Carlton moved the adoption of the amendment.

    Remarks by Senator Carlton.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 113.

    Bill read second time.

    The following amendment was proposed by the Committee on Human Resources and Facilities:


    Amendment No. 310.

    Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:

    “Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:

    “Eligible institution” means:

    1.  A university, state college or community college within the system; or

    2.  Any other nonsectarian college or university that:

    (a) Was originally established in, and is organized under the laws of, this state;

    (b) Is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3); and

    (c) Is accredited by a regional accrediting agency recognized by the United States Department of Education.”.

    Amend section 1, page 2, by deleting lines 2 and 3 and inserting: “in and attend a university , college or community college [of the University and Community College System] in the State of Nevada;”.

    Amend the bill as a whole by renumbering sections 2 through 4 as sections 4 through 6 and adding a new section designated sec. 3, following section 1, to read as follows:

    “Sec. 3. NRS 396.914 is hereby amended to read as follows:

    396.914  As used in NRS 396.914to 396.938, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 396.918 and 396.922 and section 1 of this act have the meanings ascribed to them in those sections.”.

    Amend sec. 2, page 2, by deleting lines 26 through 28 and inserting:

    “(d) Is enrolled in at least [12 semester credit hours in a university or at least 6] :

        (1) Six semester credit hours in a community college [.] within the system; or

        (2) Twelve semester credit hours in another eligible institution.

A person who obtains a high school diploma by completing an educational program for adults is not eligible to receive a millennium scholarship.”.

    Amend sec. 2, page 2, by deleting lines 46 and 47 and inserting: “for the costs of sending their children to [a university or community college;] an eligible institution; or”.

    Amend sec. 3, page 3, line 4, by deleting “college,” and inserting: “college [,] within the system,”.

    Amend sec. 3, page 3, line 11, by deleting “established by” and inserting “within”.

    Amend sec. 3, page 3, line 16, by deleting “a university,” and inserting: “[a university,] another eligible institution,”.

    Amend sec. 3, page 3, line 24, by deleting “6;” and inserting “[6;] 5;”.

    Amend sec. 3, page 3, by deleting lines 31 through 46 and inserting:

    “(c) For other costs related to the attendance of the student at the [university or community college.

    4.  Except as otherwise provided in this subsection, if a student drops out of school or fails to maintain at least a 2.0 grade-point average in any semester, the student shall repay the millennium scholarship before the student is eligible to receive an additional millennium scholarship or otherwise receive money pursuant to NRS 396.914 to 396.934, inclusive. The board of regents shall establish criteria for a waiver from the repayment required by this subsection, including, without limitation, service in the military and conditions of hardship such a medical necessity.

    5.] eligible institution.

    4. The board of regents shall certify a list of eligible students to the state treasurer. The state treasurer shall disburse a millennium scholarship for each semester on behalf of an eligible student directly to the [community college or university] eligible institution in which the student is enrolled, upon certification from the [community college or university] eligible institution of the”.

    Amend sec. 3, page 4, by deleting lines 2 and 3 and inserting: “by the board of regents pursuant to subsection [6.] 5. The scholarship must be administered by the [community college or university] eligible institution as”.

    Amend sec. 3, page 4, line 6, by deleting “6.” and inserting “[6.] 5.”.

    Amend sec. 3, page 4, line 8, by deleting “5.” and inserting “[5.] 4.”.

    Amend sec. 4, page 4, by deleting lines 25 and 26 and inserting: “a university , college or community college [of the University and Community College System] in the State of Nevada;”.

    Amend the bill as a whole by renumbering sec. 5 as sec. 8 and adding a new section designated sec. 7, following sec. 4, to read as follows:

    “Sec. 7. Section 10 of chapter 536, Statutes of Nevada 1999, at page 2753, is hereby amended to read as follows:

    Sec. 10.  On or before February 1, 2003, the board of regents of the University of Nevada shall submit a report to the director of the legislative counsel bureau for transmittal to the 72nd session of the Nevada legislature that includes:

    1.  An examination of the projected enrollment of students in [the University and Community College System of] Nevada who will be eligible for millennium scholarships;

    2.  An actuarial study to determine the approximate costs of continuing the millennium scholarship program; and

    3.  A report setting forth any enhanced outreach efforts carried out pursuant to subsection 4 of section 7 of this act.”.

    Amend the title of the bill by deleting the first through fourth lines and inserting:

    “AN ACT relating to the program for millennium scholarships; expanding the program to provide for the disbursement of scholarships to students of certain additional colleges and universities in this state; increasing the amount of scholarships for upper division courses at community colleges; eliminating the requirement that the scholarship be repaid if a student drops out of school or fails to maintain a certain grade-point average; and providing other”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Makes various changes to provisions governing program for millennium scholarships. (BDR 34‑433)”.

    Senator Rawson moved the adoption of the amendment.

    Remarks by Senators Rawson and Titus.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 145.

    Bill read second time.

    The following amendment was proposed by the Committee on Finance:

    Amendment No. 307.

    Amend the bill as a whole by deleting sections 1 and 2, renumbering sec. 3 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:

    “Section 1.  NRS 387.185 is hereby amended to read as follows:

    387.185  1.  Except as otherwise provided in subsection 2 and NRS 387.528, all school money due each county school district must be paid over by the state treasurer to the county treasurer on August 1, November 1, February 1 and May 1 of each year , or as soon thereafter as [the county treasurer may apply for it,] practicable based upon the cash balances in the state general fund, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.

    2.  Except as otherwise provided in NRS 387.528, if the board of trustees of a school district establishes and administers a separate account pursuant to the provisions of NRS 354.603, all school money due that school district must be paid over by the state treasurer to the school district on August 1, November 1, February 1 and May 1 of each year , or as soon thereafter as [the school district may apply for it,] practicable based upon the cash balances in the state general fund, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124.

    3.  No county school district may receive any portion of the public school money unless that school district has complied with the provisions of this Title and regulations adopted pursuant thereto.

    4.  Except as otherwise provided in this subsection, all school money due each charter school must be paid over by the state treasurer to the governing body of the charter school on August 1, November 1, February 1 and May 1 of each year , or as soon thereafter as [the governing body may apply for it,] practicable based upon the cash balances in the state general fund, upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction as provided in NRS 387.124. If the superintendent of public instruction has approved, pursuant to subsection 2 of NRS 387.124, a request for payment of an apportionment 30 days before the apportionment is otherwise required to be made, the money due [to] the charter school must be paid by the state treasurer to the governing body of the charter school on July 1, October 1, January 1 or April 1, as applicable.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to education; revising the provisions governing the distribution of money from the state to school districts and charter schools; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Revises provisions governing distribution of money from state to school districts and charter schools. (BDR 34‑169)”.

    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. 196.

    Bill read second time.

    The following amendment was proposed by the Committee on Finance:

    Amendment No. 306.

    Amend section 1, page 3, line 5, by deleting “2001,” and inserting “[2001,] 2002,”.

    Amend the title of the bill, third line, by deleting “books;” and inserting: “books and extending the reversion date of the appropriation;”.

    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. 198.

    Bill read second time.

    The following amendment was proposed by the Committee on Government Affairs:

    Amendment No. 268.

    Amend section 1, page 1, line 1, by deleting “239A” and inserting “232”.

    Amend section 1, page 1, line 2, by deleting “11,” and inserting “8,”.

    Amend sec. 2, page 1, line 3, by deleting “11,” and inserting “8,”.

    Amend sec. 2, page 1, lines 4 and 5, by deleting: “to 7, inclusive,” and inserting “and 4”.

    Amend the bill as a whole by deleting sec. 4, renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:

    “Sec. 3. “Commissioner” means the commissioner of financial institutions.”.

    Amend the bill as a whole by deleting sections 5 through 7 and renumbering sections 8 through 11 as sections 5 through 8.

    Amend sec. 8, page 1, line 19, by deleting “9” and inserting “6”.

    Amend sec. 9, page 1, line 22, by deleting “regulated person” and inserting: “person who is subject to regulation by the commissioner”.

    Amend sec. 9, page 2, line 1, by deleting: “a regulatory agency” and inserting “the commissioner”.

    Amend sec. 9, page 2, line 3, by deleting: “a regulatory agency” and inserting “the commissioner”.

    Amend sec. 9, page 2, line 4, by deleting “regulated person” and inserting:

person who is subject to regulation by the commissioner”.

    Amend sec. 9, page 2, line 7, by deleting: “a regulatory agency” and inserting “the commissioner”.

    Amend sec. 9, page 2, line 9, by deleting “regulated persons” and inserting: “persons who are subject to regulation by the commissioner”.

    Amend sec. 9, page 2, line 11, by deleting: “a regulatory agency” and inserting “the commissioner”.

    Amend sec. 9, page 2, line 12, by deleting “regulated person,” and inserting: “person who is subject to regulation by the commissioner,”.

    Amend sec. 9, page 2, line 15, by deleting “regulatory agency” and inserting “commissioner”.

    Amend sec. 9, page 2, line 16, by deleting “regulated person” and inserting: “person who is subject to regulation by the commissioner”.

    Amend sec. 9, page 2, line 18, by deleting “regulated person” and inserting: “person who is subject to regulation by the commissioner”.

    Amend sec. 9, page 2, line 19, by deleting “regulatory agency;” and inserting “commissioner;”.

    Amend sec. 9, page 2, line 20, by deleting “regulated person’s”.

    Amend sec. 9, page 2, by deleting line 21 and inserting: “equipment of, and at the expense of, the person who is subject to regulation by the commissioner; and”.

    Amend sec. 9, page 2, line 23, by deleting “regulatory agency” and inserting “commissioner”.

    Amend sec. 9, page 2, line 24, by deleting “regulated person,” and inserting: “person who is subject to regulation of the commissioner,”.

    Amend sec. 9, page 2, line 25, by deleting “regulatory agency” and inserting “commissioner”.

    Amend sec. 9, page 2, line 26, by deleting: “a regulatory agency” and inserting “the commissioner”.

    Amend sec. 9, page 2, line 29, by deleting “regulated person.” and inserting: “person who is subject to regulation by the commissioner.”.

    Amend sec. 9, page 2, line 31, by deleting “regulated person” and inserting: “person who is subject to regulation by the commissioner”.

    Amend sec. 9, page 2, line 32, by deleting: “a regulatory agency.” and inserting “the commissioner.”.

    Amend sec. 9, page 2, line 34, by deleting “regulated person” and inserting: “person who is subject to regulation by the commissioner”.

    Amend sec. 9, page 2, line 37, by deleting: “a regulatory agency” and inserting “the commissioner”.

    Amend sec. 9, page 2, line 38, by deleting “agency.” and inserting “commissioner.”.

    Amend sec. 9, page 2, line 40, by deleting: “a regulatory agency” and inserting “the commissioner”.

    Amend sec. 9, page 2, line 42, by deleting: “a regulatory agency,” and inserting “the commissioner,”.

    Amend sec. 9, page 2, line 43, by deleting “regulatory agency,” and inserting “commissioner,”.

    Amend sec. 9, page 2, line 47, by deleting “regulated person” and inserting: “person who is subject to regulation by the commissioner”.

    Amend sec. 9, page 2, line 48, by deleting “regulated person” and inserting: “person who is subject to regulation by the commissioner”.

    Amend sec. 10, page 3, line 1, by deleting: “A regulatory agency” and inserting “The commissioner”.

    Amend sec. 10, page 3, by deleting line 4 and inserting:

    “2.  The commissioner shall cause:”.

    Amend sec. 10, page 3, by deleting line 10 and inserting:

        “(1) To each person who is subject to regulation by the commissioner on record with the commissioner”.

    Amend sec. 10, page 3, by deleting line 12 and inserting:

        “(2) With each notice to a person who is subject to regulation by the commissioner that the”.

    Amend sec. 10, page 3, line 13, by deleting “agency” and inserting “commissioner”.

    Amend sec. 10, page 3, line 14, by deleting “regulated person.” and inserting: “person who is subject to regulation by the commissioner.”.

    Amend sec. 11, page 3, line 15, by deleting “a”.

    Amend sec. 11, page 3, by deleting line 16 and inserting: “the commissioner shall, within 30 days after he receives from a”.

    Amend sec. 11, page 3, line 17, after “person” by inserting: “whom he regulates”.

    Amend sec. 11, page 3, line 18, by deleting “regulated person” and inserting: “person who is subject to regulation by the commissioner”.

    Amend the bill as a whole by deleting sections 12 through 22 and adding a new section designated sec. 9, following sec. 11, to read as follows:

    “Sec. 9. NRS 232.505 is hereby amended to read as follows:

    232.505  As used in NRS 232.505 to 232.840, inclusive, and sections 2 to 8, inclusive, of this act, unless the context requires otherwise:

    1.  “Department” means the department of business and industry.

    2.  “Director” means the director of the department.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to the department of business and industry; establishing a bill of rights for persons whose financial or other business records are subject to examination by the commissioner of financial institutions; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Establishes bill of rights for persons whose financial or other business records are subject to examination by commissioner of financial institutions. (BDR 18‑53)”.

    Senator O'Donnell moved the adoption of the amendment.

    Remarks by Senator O'Donnell.

    Conflict of interest declared by Senator O'Connell.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 204.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 147.

    Amend section 1, page 1, line 10, before “physician,” by inserting “pharmacist,”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to substances; revising the definition of the “manufacture” of a substance; and providing other matters properly relating thereto.”.

    Senator James moved the adoption of the amendment.

    Remarks by Senator James.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 255.

    Bill read second time.

    The following amendment was proposed by the Committee on Government Affairs:

    Amendment No. 135.

    Amend section 1, page 2, line 10, by deleting “or”.

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

    “(d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or

    (e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.”.

    Amend sec. 2, page 3, by deleting line 42 and inserting: “professional who is”.

    Amend sec. 2, page 3, line 43, by deleting “[not]” and inserting “not”.

    Amend sec. 2, page 4, by deleting lines 14 through 18 and inserting:

    “(c) May set forth the terms by which the design professional agrees to name the public body, at the cost of the public body, as an additional insured in an insurance policy held by the design professional.

    (d) Except as otherwise provided in paragraph (e), must not require the design professional to defend, indemnify or hold harmless the public body or the employees, officers or agents of that public body from any liability, damage, loss, claim, action or proceeding caused by the negligence, errors, omissions, recklessness or intentional misconduct of the employees, officers or agents of the public body.

    (e) May require the design professional to defend, indemnify and hold”.

    Amend sec. 2, page 4, line 20, by deleting “and costs,” and inserting: “, claims, actions or proceedings,”.

    Amend sec. 2, page 4, by deleting line 22 and inserting: “negligence, errors, omissions, recklessness or intentional misconduct of the design”.

    Amend sec. 2, page 4, line 25, by deleting “(c) or”.

    Amend sec. 3, pages 4 and 5, by deleting lines 47 and 48 on page 4 and lines 1 through 3 on page 5, and inserting:

    “(c) May set forth the terms by which the design professional agrees to name the public body, at the cost of the public body, as an additional insured in an insurance policy held by the design professional.

    (d) Except as otherwise provided in paragraph (e), must not require the design professional to defend, indemnify or hold harmless the public body or the employees, officers or agents of that public body from any liability, damage, loss, claim, action or proceeding caused by the negligence, errors, omissions, recklessness or intentional misconduct of the employees, officers or agents of the public body.

    (e) May require the design professional to defend, indemnify and hold”.

    Amend sec. 3, page 5, line 5, by deleting “and costs,” and inserting:

, claims, actions or proceedings,”.

    Amend sec. 3, page 5, by deleting line 7 and inserting: “negligence, errors, omissions, recklessness or intentional misconduct of the design”.

    Amend sec. 3, page 5, line 10, by deleting “(c)” and inserting “(d)”.

    Amend sec. 3, page 5, by deleting lines 22 and 23 and inserting:

    “(d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or

    (e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.”.

    Amend the bill as a whole by renumbering sections 4 and 5 as sections 5 and 6 and adding a new section designated sec. 4, following sec. 3, to read as follows:

    “Sec. 4. NRS 338.1727 is hereby amended to read as follows:

    338.1727  1.  After selecting the finalists pursuant to NRS 338.1725, the public body shall provide to each finalist a request for final proposals for the public work. The request for final proposals must:

    (a) Set forth the factors that the public body will use to select a design-build team to design and construct the public work, including the relative weight to be assigned to each factor; and

    (b) Set forth the date by which final proposals must be submitted to the public body.

    2.  A final proposal submitted by a design-build team pursuant to this section must be prepared thoroughly, be responsive to the criteria that the public body will use to select a design-build team to design and construct the public work described in subsection 1 and comply with the provisions of NRS 338.141. If the cost of construction is a factor in the selection of a design-build team, a design-build team whose prime contractor has submitted with its proposal a certificate of eligibility to receive a preference in bidding on public works issued pursuant to NRS 338.1389 or 338.147 shall be deemed to have submitted a better proposal than a competing design-build team whose prime contractor has not submitted such a certificate of eligibility if the amount proposed by the design-build team is not more than 5 percent higher than the amount proposed by the competing design-build team.

    3.  At least 30 days after receiving the final proposals for the public work, the public body shall:

    (a) Select the most cost-effective and responsive final proposal, using the criteria set forth pursuant to subsection 1; or

    (b) Reject all the final proposals.

    4.  If a public body selects a final proposal pursuant to paragraph (a) of subsection 3, the public body shall, at its next regularly scheduled meeting:

    (a) Review and ratify the selection.

    (b) Award the design-build contract to the design-build team whose proposal is selected.

    (c) Partially reimburse the unsuccessful finalists if partial reimbursement was provided for in the request for preliminary proposals pursuant to paragraph (i) of subsection 2 of NRS 338.1723. The amount of reimbursement must not exceed, for each unsuccessful finalist, 3 percent of the total amount to be paid to the design-build team as set forth in the design-build contract.

    (d) Make available to the public a summary setting forth the factors used by the public body to select the successful design-build team and the ranking of the design-build teams who submitted final proposals. The public body shall not release to a third party, or otherwise make public, financial or proprietary information submitted by a design-build team.

    5.  A contract awarded pursuant to this section : [must specify:]

    (a) Must specify:

        (1) An amount that is the maximum amount that the public body will pay for the performance of all the work required by the contract, excluding any amount related to costs that may be incurred as a result of unexpected conditions or occurrences as authorized by the contract;

    [(b)] (2) An amount that is the maximum amount that the public body will pay for the performance of the professional services required by the contract; and

    [(c)] (3) A date by which performance of the work required by the contract must be completed.

    (b) May set forth the terms by which the design-build team agrees to name the public body, at the cost of the public body, as an additional insured in an insurance policy held by the design-build team.

    (c) Except as otherwise provided in paragraph (d), must not require the design professional to defend, indemnify or hold harmless the public body or the employees, officers or agents of that public body from any liability, damage, loss, claim, action or proceeding caused by the negligence, errors, omissions, recklessness or intentional misconduct of the employees, officers and agents of the public body.

    (d) May require the design-build team to defend, indemnify and hold harmless the public body, and the employees, officers and agents of the public body from any liabilities, damages, losses, claims, actions or proceedings, including, without limitation, reasonable attorneys’ fees, that are caused by the negligence, errors, omissions, recklessness or intentional misconduct of the design-build team or the employees or agents of the design-build team in the performance of the contract.

    6.  Any provision of a contract that is in violation of paragraph (c) of subsection 5 is declared to be contrary to the public policy of this state and is void.

    7. A design-build team to whom a contract is awarded pursuant to this section shall:

    (a) Assume overall responsibility for ensuring that the design and construction of the public work is completed in a satisfactory manner; and

    (b) Use the work force of the prime contractor on the design-build team to construct at least 15 percent of the public work.”.

    Amend sec. 5, page 5, line 26, by deleting “and 4” and inserting: “, 4 and 5”.

    Amend sec. 5, page 5, line 28, by deleting “and 2” and inserting: “, 2 and 4”.

    Senator O'Connell moved the adoption of the amendment.

    Remarks by Senator O'Connell.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 317.

    Bill read second time.

    The following amendment was proposed by the Committee on Government Affairs:

    Amendment No. 269.

    Amend sec. 5, page 2, by deleting lines 24 through 38.

    Amend sec. 50, page 29, line 15, by deleting: “motor vehicle privilege” and inserting “governmental services”.

    Amend sec. 50, page 29, lines 18 and 19, by deleting: “motor vehicle privilege” and inserting “governmental services”.

    Amend sec. 69, page 37, by deleting line 47 and inserting:

    “Sec. 69. 1.  This section and sections 1 to 49, inclusive, and 51 to 68, inclusive, of this act become effective on July 1, 2001.

    2.  Section 50 of this act becomes effective at 12:01 a.m. on July 1, 2001.”.

    Senator O'Connell moved the adoption of the amendment.

    Remarks by Senator O'Connell.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 329.

    Bill read second time.

    The following amendment was proposed by the Committee on Government Affairs:

    Amendment No. 267.

    Amend section 1, page 1, line 3, after “body” by inserting: “that is required to be composed of elected officials only”.

    Amend section 1, page 1, line 4, by deleting: “elected or appointed to” and inserting “of”.

    Amend sec. 2, page 1, line 13, by deleting “or” and inserting “[or”.

    Amend sec. 2, page 1, by deleting lines 14 and 15 and inserting:

    “(c) A]

    (c) If a public body may have a member who is not an elected official, an affirmative vote taken by a majority of the members present during a meeting of [a] the public body[.] ; or

    (d) If all the members of a public body must be elected officials, an affirmative vote taken by a majority of all the members of the public body.”.

    Amend the bill as a whole by deleting sections 3 through 11 and renumbering sec. 12 as sec. 3.

    Amend the bill as a whole by deleting sections 13 and 14 and renumbering sec. 15 as sec. 4.

    Amend the bill as a whole by deleting sec. 16 and renumbering sections 17 through 20 as sections 5 through 8.

    Amend the bill as a whole by deleting sections 21 through 26 and renumbering sec. 27 as sec. 9.

    Amend the bill as a whole by deleting sec. 28 and renumbering sec. 29 as sec. 10.

    Amend the bill as a whole by deleting sections 30 and 31 and renumbering sec. 32 as sec. 11.

    Amend the bill as a whole by deleting sections 33 through 41 and renumbering sec. 42 as sec. 12.

    Amend the bill as a whole by deleting sections 43 through 50 and renumbering sec. 51 as sec. 13.

    Amend the bill as a whole by deleting sections 52 through 58 and renumbering sec. 59 as sec. 14.

    Amend the bill as a whole by deleting sections 60 through 62 and renumbering sec. 63 as sec. 15.

    Amend the bill as a whole by deleting sections 64 through 88 and renumbering sections 89 through 100 as sections 16 through 27.

    Amend the bill as a whole by deleting sec. 101 and renumbering sec. 102 as sec. 28.

    Amend the bill as a whole by deleting sections 103 and 104 and renumbering sec. 105 as sec. 29.

    Amend the bill as a whole by deleting sec. 106 and renumbering sections 107 through 109 as sections 30 through 32.

    Amend the bill as a whole by deleting sec. 110 and renumbering sec. 111 as sec. 33.

    Amend the bill as a whole by deleting sec. 112 and adding a new section designated sec. 34, following sec. 111, to read as follows:

    “Sec. 34. This act becomes effective on July 1, 2001.”.

    Senator Care moved the adoption of the amendment.

    Remarks by Senator Care.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 339.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 343.

    Amend the bill as a whole by deleting sections 1 and 2 and renumbering sections 3 and 4 as sections 1 and 2.

    Amend sec. 4, page 6, by deleting lines 6 through 13 and inserting:

    “(a) To a juvenile probation officer, law enforcement officer or district attorney who is conducting an investigation pursuant to chapter 62 or 392 of NRS; or”.

    Amend sec. 4, page 6, line 14, by deleting “(d)” and inserting “(b)”.

    Amend the bill as a whole by deleting sec. 5 and renumbering sec. 6 as sec. 3.

    Amend the title of the bill, second line, after “circumstances;” by inserting: “providing civil and criminal immunity to certain persons under certain circumstances for the release or failure to release such records;”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Provides for release of education record to certain persons under certain circumstances. (BDR 34-424)”.

    Senator Washington moved the adoption of the amendment.

    Remarks by Senator Washington.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 350.

    Bill read second time.

    The following amendment was proposed by the Committee on Government Affairs:

    Amendment No. 266.

    Amend section 1, page 2, by deleting lines 6 through 8 and inserting: “nominees submitted by a visitor’s bureau, other than a county fair and recreation board or a bureau created by such a board, that is authorized by law to receive a portion of the tax on transient lodging, if any. If no such bureau exists in the county, the nominations must be made by the chamber of commerce of the third largest township in the county.”.

    Senator Jacobsen moved the adoption of the amendment.

    Remarks by Senator Jacobsen.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 363.

    Bill read second time.

    The following amendment was proposed by the Committee on Government Affairs:

    Amendment No. 216.

    Amend the bill as a whole by renumbering sec. 4 as sec. 5 and adding a new section, designated sec. 4, following sec. 3, to read as follows:

    “Sec. 4. Section 5 of Senate Bill No. 59 of this session is hereby amended to read as follows:

    Sec. 5. NRS 371.045 is hereby amended to read as follows:

    371.045  1.  A board of county commissioners may by ordinance, but not as in a case of emergency, after receiving the approval of a majority of the registered voters voting on the question at a primary, general or special election, impose a supplemental [privilege] governmental services tax of not more than 1 cent on each $1 of valuation of the vehicle for the privilege of operating upon the public streets, roads and highways of the county on each vehicle based in the county except:

    (a) A vehicle exempt from the [motor vehicle privilege] governmental services tax pursuant to this chapter; or

    (b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations.

    2.  A county may combine this question with questions submitted pursuant to NRS 244.3351, 278.710 or 377A.020, or any combination thereof.

    3.  A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.

    4.  Collection of the tax imposed pursuant to this section must not commence earlier than the first day of the second calendar month after adoption of the ordinance imposing the tax.

    5.  Except as otherwise provided in subsection 6 and NRS 371.047, the county shall use the proceeds of the tax to pay the cost of:

    (a) Projects related to the construction and maintenance of sidewalks, streets, avenues, boulevards, highways and other public rights of way used primarily for vehicular traffic, including, without limitation, overpass projects, street projects or underpass projects, as defined in NRS 244A.037, 244A.053 and 244A.055, respectively:

        (1) Within the boundaries of the county;

        (2) Within 1 mile outside the boundaries of the county if the board of county commissioners finds that such projects outside the boundaries of the county will facilitate transportation within the county; or

        (3) Within 30 miles outside the boundaries of the county and the boundaries of this state, where those boundaries are coterminous, if:

            (I) The projects consist of improvements to a highway which is located wholly or partially outside the boundaries of this state and which connects this state to an interstate highway; and

            (II) The board of county commissioners finds that such projects will provide a significant economic benefit to the county;

    (b) Payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in paragraph (a); or

    (c) Any combination of those uses.

    6.  The county may expend the proceeds of the supplemental [privilege] governmental services tax authorized by this section and NRS 371.047, or any borrowing in anticipation of that tax, pursuant to an interlocal agreement between the county and the regional transportation commission of the county with respect to the projects to be financed with the proceeds of the tax.

    7.  As used in this section, “based” has the meaning ascribed to it in NRS 482.011.”.

    Senator Porter moved the adoption of the amendment.

    Remarks by Senators Porter and O'Connell.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.


    Senate Bill No. 366.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 344.

    Amend sec. 7, page 4, by deleting lines 41 and 42 and inserting: “discharge the defendant and dismiss the proceedings against him. Discharge and dismissal pursuant”.

    Amend sec. 7, page 5, by deleting lines 6 through 10.

    Amend sec. 8, page 5, by deleting line 11 and inserting:

    “Sec. 8. 1.  Three years”.

    Amend sec. 8, page 5, by deleting lines 25 through 28.

    Senator Wiener moved the adoption of the amendment.

    Remarks by Senator Wiener.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 468.

    Bill read second time.

    The following amendment was proposed by the Committee on Taxation:

    Amendment No. 288.

    Amend section 1, page 1, by deleting line 4 and inserting: “a board of county commissioners may impose a tax at the rate of up to 5 cents for each $500 of value, or fraction thereof,”.

    Amend section 1, page 1, line 5, by deleting “hereby imposed”.

    Amend sec. 2, page 1, line 20, by deleting: “and section 1 of this act”.

    Amend sec. 2, page 1, line 21, by deleting “375.025,” and inserting: “375.025 [,] and section 1 of this act,”.

    Amend sec. 5, page 5, by deleting line 5 and inserting: “act must only be used:”.

    Amend sec. 5, page 5, line 6, by deleting: “Fifty percent for use by” and inserting: “By”.

    Amend sec. 5, page 5, by deleting line 8 and inserting:

    “(b) For grants to local governments and nonprofit organizations for the control or management”.

    Amend sec. 5, page 5, by deleting lines 10 and 11 and inserting:

    “5. Each fiscal year, the department shall present to each board of county commissioners for approval by the board proposed programs for the exclusion, detection and control of invasive species that involve cooperative action between the department and the county.

    6.  As used in this section:

    (a)  “Invasive species” means any living organism not native to this state that may present a threat to the economy, environment or public health of this state.

    (b) “Local government” has the meaning ascribed to it in NRS 237.050.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to taxation; authorizing a board of county commissioners to impose an additional tax on the transfer of real property; requiring that the proceeds of the tax be used in the plant industry program for certain purposes; requiring the state department of agriculture to present certain programs relating to invasive species to each board of county commissioners each fiscal year; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Authorizes board of county commissioners to impose additional tax on transfer of real property for certain purposes. (BDR 32‑1473)”.

    Senator Rhoads moved the adoption of the amendment.

    Remarks by Senator Rhoads.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 470.

    Bill read second time.

    The following amendment was proposed by the Committee on Government Affairs:

    Amendment No. 275.

    Amend sec. 2, page 2, by deleting lines 4 and 5 and inserting: “1 year;]payable at such intervals, but not less often than annually;”.

    Senator Neal moved the adoption of the amendment.

    Remarks by Senator Neal.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 473.

    Bill read second time.

    The following amendment was proposed by the Committee on Government Affairs:

    Amendment No. 265.

    Amend sec. 12, page 5, line 14, by deleting “2001.” and inserting: “2001, and expires by limitation on July 1, 2003.”.

    Amend the title of the bill, first line, by deleting “authorizing” and inserting: “creating a pilot program for the authorization of”.

    Senator Titus moved the adoption of the amendment.

    Remarks by Senator Titus.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 480.

    Bill read second time.

    The following amendment was proposed by the Committee on Finance:


    Amendment No. 305.

    Amend section 1, page 1, by deleting lines 2 through 4 and inserting:

    “353.210  1.  Except as otherwise provided in subsection 6, on or before [August 15] September 1 of each even-numbered year, all departments, institutions”.

    Amend section 1, page 1, by deleting lines 17 and 18 and inserting: “legislative counsel bureau on or before [August 15] September 1 of each even-numbered year.”.

    Amend the bill as a whole by deleting sec. 2.

    Amend the title of the bill to read as follows:

    “AN ACT relating to state financial administration; extending the date for submittal of biennial budgets proposed by state agencies; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Extends date for submittal of biennial budgets proposed by state agencies. (BDR 31‑1441)”.

    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. 532.

    Bill read second time and ordered to third reading.

    Senate Bill No. 540.

    Bill read second time and ordered to third reading.

    Senate Bill No. 543.

    Bill read second time and ordered to third reading.

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

    Motion carried.

    Senate in recess at 12:18 p.m.

SENATE IN SESSION

    At 12:27 p.m.

    President Hunt presiding.

    Quorum present.

GENERAL FILE AND THIRD READING

    Senate Bill No. 51.

    Bill read third time.

    Roll call on Senate Bill No. 51:

    Yeas—21.

    Nays—None.

    Senate Bill No. 51 having received a two-thirds majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 54.

    Bill read third time.

    Roll call on Senate Bill No. 54:

    Yeas—21.

    Nays—None.

    Senate Bill No. 54 having received a two-thirds majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 57.

    Bill read third time.

    Roll call on Senate Bill No. 57:

    Yeas—19.

    Nays—O'Connell, Townsend—2.

    Senate Bill No. 57 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 118.

    Bill read third time.

    Roll call on Senate Bill No. 118:

    Yeas—20.

    Nays—Neal.

    Senate Bill No. 118 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 219.

    Bill read third time.

    Conflict of interest declared by Senator James.

    Roll call on Senate Bill No. 219:

    Yeas—20.

    Nays—None.

    Not     Voting—James.

    Senate Bill No. 219 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 233.

    Bill read third time.

    Roll call on Senate Bill No. 233:

    Yeas—21.

    Nays—None.

    Senate Bill No. 233 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 243.

    Bill read third time.

    Remarks by Senators Neal and Rawson.

    Roll call on Senate Bill No. 243:

    Yeas—21.

    Nays—None.

    Senate Bill No. 243 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 252.

    Bill read third time.

    Roll call on Senate Bill No. 252:

    Yeas—21.

    Nays—None.

    Senate Bill No. 252 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 254.

    Bill read third time.

    Roll call on Senate Bill No. 254:

    Yeas—13.

    Nays—Jacobsen, McGinness, O'Connell, Porter, Raggio, Rhoads, Townsend,   Washington—8.

    Senate Bill No. 254 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 258.

    Bill read third time.

    Roll call on Senate Bill No. 258:

    Yeas—21.

    Nays—None.

    Senate Bill No. 258 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 298.

    Bill read third time.

    Roll call on Senate Bill No. 298:

    Yeas—21.

    Nays—None.

    Senate Bill No. 298 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 323.

    Bill read third time.

    Remarks by Senator Titus.

    Roll call on Senate Bill No. 323:

    Yeas—21.

    Nays—None.

    Senate Bill No. 323 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 352.

    Bill read third time.

    Roll call on Senate Bill No. 352:

    Yeas—21.

    Nays—None.

    Senate Bill No. 352 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 374.

    Bill read third time.

    Roll call on Senate Bill No. 374:

    Yeas—21.

    Nays—None.

    Senate Bill No. 374 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 376.

    Bill read third time.

    Remarks by Senators Porter and McGinness.

    Roll call on Senate Bill No. 376:

    Yeas—20.

    Nays—Neal.

    Senate Bill No. 376 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 501.

    Bill read third time.

    Roll call on Senate Bill No. 501:

    Yeas—21.

    Nays—None.

    Senate Bill No. 501 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 527.

    Bill read third time.

    Roll call on Senate Bill No. 527:

    Yeas—20.

    Nays—Neal.

    Senate Bill No. 527 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 550.

    Bill read third time.

    Remarks by Senators Carlton and Care.

    Senator Carlton disclosed that her husband is a state employee.

    Roll call on Senate Bill No. 550:

    Yeas—18.

    Nays—Carlton, Coffin, Titus—3.

    Senate Bill No. 550 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 214.

    Bill read third time.

    The following amendment was proposed by Senator Care:

    Amendment No. 329.

    Amend the bill as a whole by deleting sections 1 and 2 and adding new sections designated sections 1 through 3, following the enacting clause, to read as follows:

    “Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

    1.  A person shall not operate a motor vehicle upon a highway without giving full time and attention to the operation of the motor vehicle.

    2.  A person who violates subsection 1 is liable to the state for a civil penalty of not more than $100, payable to the department.

    Sec. 2. The amendatory provisions of this act do not apply to offenses committed before the effective date of this act.

    Sec. 3. This act becomes effective upon passage and approval.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to motor vehicles; providing that a person shall not operate a motor vehicle upon a highway without giving full time and attention to the operation of the motor vehicle; providing a civil penalty; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARY—Provides that person shall not operate motor vehicle upon highway without giving full time and attention to operation of motor vehicle. (BDR 43‑635)”.

    Senator Care moved the adoption of the amendment.

    Remarks by Senators Care, O'Donnell, Neal and Raggio.

    Senator Care moved that Senate Bill No. 214 be taken from the General File and placed on the Secretary’s desk.

    Remarks by Senator Care.

    Motion carried.

    Senate Bill No. 525.

    Bill read third time.

    The following amendment was proposed by the Committee on Transportation:

    Amendment No. 484.

    Amend sec. 2, page 1, line 9, by deleting: “motor vehicle privilege” and inserting “governmental services”.

    Senator O'Donnell moved the adoption of the amendment.

    Remarks by Senator O'Donnell.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Assembly Bill No. 12.

    Bill read third time.

    Remarks by Senators Washington and Neal.

    Roll call on Assembly Bill No. 12:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 12 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 14.

    Bill read third time.

    Roll call on Assembly Bill No. 14:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 14 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 150.

    Bill read third time.

    Roll call on Assembly Bill No. 150:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 150 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 151.

    Bill read third time.

    Roll call on Assembly Bill No. 151:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 151 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 252.

    Bill read third time.

    Roll call on Assembly Bill No. 252:

    Yeas—21.

    Nays—None.

    Assembly Bill No. 252 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

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

    Motion carried.

    Senate in recess at 1:11 p.m.

SENATE IN SESSION

    At 1:41 p.m.

    President Hunt presiding.

    Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

    Senator Rawson gave notice that on the next legislative day he would move to reconsider the vote whereby Senate Bill No. 254 was this day passed.

GENERAL FILE AND THIRD READING

    Assembly Bill No. 369.

    Bill read third time.

    The following amendment was proposed by Senators Titus and Townsend:

    Amendment No. 557.

    Amend sec. 21, page 11, by deleting lines 16 through 34 and inserting: “utility to recover any costs for purchased fuel and purchased power that were the result of any practice or transaction that was undertaken, managed or performed imprudently by the electric utility.”.

    Senator Titus moved adoption of the amendment.

    Remarks by Senator Titus.

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

    This is a technical amendment, which clarifies that any profit made from the wholesale sale of power outside Nevada can be used to offset consumer rates. The expanded prudence standard remains the same.

    Amendment adopted.

    Senator Townsend moved that all rules be suspended, that the reprinting of Assembly Bill No. 369 be dispensed with, and the Secretary be authorized to insert Amendment No. 557 as adopted by the Senate and that the bill be placed back on third reading for final passage.

    Motion carried.

    Bill read third time.

    Remarks by Senators Neal and Townsend.

    Senator Neal requested that Senator Townsend’s remarks be entered in the Journal.

    Senator Townsend:

    This bill is effective upon passage and approval. We think approval will be as early as this evening. The language in section 5 on page 4, “the commission shall not dispense with a hearing in any matter pending before the commission relative to sections 8 through 18.” That means they can’t dismiss a hearing that currently is in progress. When the language for restructuring was adopted, it allowed the Public Utilities Commission to use hearings officers. When this language to repeal all aspects of restructuring was removed then they must go back to hearings in front of the full P.U.C. and not to use hearing officers. That came as a direct result of the repeal of restructuring.

    Roll call on Assembly Bill No. 369:

    Yeas—20.

    Nays—None.

    Not     Voting—Raggio.

    Assembly Bill No. 369 having received a constitutional majority, Madam President declared it passed, as amended.

    Senator Townsend moved that all rules be suspended and that Assembly Bill No. 369 be immediately transmitted to the Assembly.

    Motion carried unanimously.

    Senator Raggio moved that the Senate recess until 4:45 p.m.

    Motion carried.

    Senate in recess at 1:49 p.m.

SENATE IN SESSION

    At 5:01 p.m.

    President Hunt presiding.

    Quorum present.


MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, April 18, 2001

To the Honorable the Senate:

    I have the honor to inform your honorable body that the Assembly on this day concurred in the Senate Amendments Nos. 354, 355, 557 to Assembly Bill No. 369.

              Patricia R. Williams

                   Assistant Chief Clerk of the Assembly

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

    Motion carried.

    Senate in recess at 5:02 p.m.

SENATE IN SESSION

    At 5:11 p.m.

    President Hunt presiding.

    Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

    The Sergeant at Arms announced that Assemblyman Claborn and Assemblywoman Von Tobel were at the bar of the Senate. Assemblyman Claborn invited the Senate to meet in Joint Session with the Assembly to hear an address by Representative Shelley Berkley.

    Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.

    Senate in recess at 5:12 p.m.

IN JOINT SESSION

    At 5:17 p.m.

    President Hunt presiding.

    The Secretary of the Senate called the Senate roll.

    All present except Senators McGinness and O'Connell, who were excused.

    The Chief Clerk of the Assembly called the Assembly roll.

    All present except Assemblymen Goldwater and Mortenson, who were excused.

    Madam President appointed a Committee on Escort consisting of Senator Carlton and Assemblyman Manendo to wait upon the Honorable Representative Shelley Berkley and escort her to the Assembly Chamber.

    Representative Berkley delivered her message as follows:

Message to the Legislature of Nevada

Seventy-First Session, 2001

    Lieutenant Governor Hunt, Speaker Perkins, Majority Leader Raggio, Minority Leader Titus, esteemed members of the Legislature, guests and friends. It is a great pleasure for me to be here today. I am particularly delighted to have shared the podium with our true American hero, Buzz Aldrin. I am also saddened that my friend, Jan Evans, isn’t here to participate in the Legislature. She was a mentor and a dear friend of mine, and I miss her very much. I know that everybody in this body misses her.

    Nearly two decades ago, I served in the Nevada State Assembly. To give you some perspective of time, back in those days my son Max was 6 months old when I brought him here to serve along with me. Max, for those of you who remember him, is now finishing his freshman year in college. It is extraordinary to be here without him. I wanted to give you some perspective of where my family has come and how we got our start right here in this Assembly body.

    For those of us who were here back then or for those who grew up in Nevada, we have seen incredible growth and progress in our State. We have seen our population double and redouble throughout the ‘80s and the ‘90s and into the 21st Century. We have much to be proud of—our economy and our quality of life ranks among the best in our nation. You, as the elected leaders of our State, must take the credit because the credit goes to you. You do a remarkable job guiding this State, even though and in spite of the fact that your pay is low, your hours are long, you have virtually no support staff and you have a short span of time in which to complete your work. I admire what you do. I am honored to know you, and I am honored to work with you on behalf of the people of the State of Nevada. I also know that this is crunch time, and I respect your time. I am going to try to be mercifully short in my comments. That is extraordinarily difficult for me because I have a lot of issues I would love to share with you. In the interest of time and knowing how valuable it is at this juncture of the Session, I am going to concentrate on four issues I believe are particularly relevant to our State and the people we collectively represent. The four issues I am going to address and share are the issues of the NCAA legislation, transportation, education, energy and Yucca Mountain.

    Let me first start with the NCAA. Last Congressional Session, the NCAA through Senator John McCain, Congressman Romer and Lindsay Graham of South Carolina introduced a piece of legislation that would make it illegal to bet on collegiate sports in this country. The only problem with that legislation is that the State of Nevada is the only state in the nation that allows legal betting on collegiate sports. To put this in perspective, 380 billion dollars is bet illegally in this country through bookies and on our college campuses. Two billion is bet legally in the State of Nevada in our casinos, where you have to be 21 and present on the property in the casino in order to place that bet. The very notion that outlawing legal gambling in the State of Nevada would somehow magically eliminate the 380 billion that is bet illegally in this country is preposterous. It is almost like outlawing aspirin and saying it is going to get to the illegal drug trade in this nation. Originally, we had a very, very hard time with this legislation. Had it gotten to the floor of either the House or the Senate last Session, I believe this legislation would have passed. I can share with you that when I testified in front of Senator McCain’s committee on the Senate side, I commented, “If you want to see illegal sports betting all you have to do is go down to the cloak room of the House of Representatives, and you can see all the illegal sports betting that you would ever want to see.” At that time, Senator McCain stopped my testimony and admonished me that I ought not say those things. Sometimes, the truth hurts and that statement is the truth.

    This year, we knew what was coming so we preempted their attack on us by introducing legislation to get at the problem of illegal gambling on collegiate sports in this country.  Senator Reid and Senator Bryan introduced legislation on the Senate side, and Congressman Gibbons and I introduced compatible legislation on the House side. First, it asks for a study through the Justice Department so that we actually know what the problem is, if any, before we start legislating. Second, it doubles the penalties on illegal sports betting on collegiate sports, and third, and I think most significant, it makes the NCAA and the member institutions responsible for what happens on college campuses. The NCAA has been derelict in its duty in enforcing anti‑gaming rules and regulations in the member institutions. They are not protecting our student athletes; they are not protecting the students on these campuses. To blame the State of Nevada for their shortcomings, I think, is a tragedy and a mistake. If the legislation passes eliminating collegiate betting, it may, in fact, eliminate the two billion dollars bet legally in the State of Nevada, but it will not do one thing to eliminate the illegal gambling that is rampant on our college campuses and on almost every street corner throughout the United States in every major metropolitan area. On the House side, Representative Gibbons and I have been able to get 90 original co-sponsors on our legislation. Hearings have not been scheduled in the House Judiciary Committee. On the Senate side, Senator McCain will be starting his hearings as soon as we get back from our spring recess. We are scheduled to start in the Senate on April 26.   These hearings are going to receive great publicity across the United States and will be on CNN and CSPAN. This is big news in our country, and we are going to work hard to make sure that the Federal Government does not intrude on the most well-regulated and well-taxed industry in the State of Nevada. It is well run, and they have no business being here. If I thought for a minute the legislation would help our kids, one bit, I would be for it. Let me mention one other thing about the hypocrisy and sanctimoniousness of the NCAA. The NCAA signed a 6 billion dollar contract with CBS in order to broadcast the final four games in the NCAA tournament. Let me suggest to them, as I have on many occasions, let them take a part of that 6 billion dollars, I’m talking with a “b,” 6 billion, and plow it back into programs on our college campuses. Let these kids know that gambling is wrong; they shouldn’t be doing it, and if they are, they will be punished. It is the NCAA and the member institutions that need to step up to the plate and stop blaming the State of Nevada for their shortcomings.

    Let me speak briefly about transportation. As the fastest growing state in the United States, with many of our communities ranking in the top 1 percent of fast growing communities in the United States, there is probably no more important issue than transportation. All of your constituents are complaining about it, and I know mine are as well. I sit on the Transportation Committee, and I sit on the Ground Transportation Subcommittee and the Aviation Subcommittee, which gives me a great vantage point and gives me the ability to bring needed dollars back to the State of Nevada. I do not want to talk about what we were able to do last Congressional Session, but I would like to be forward thinking and let you know that we worked very closely with NDOT, RTC and McCarran Airport as a tight knit team to be sure that all of our needs were met. I would like to share with you some of the programs for which we are requesting federal funding this Session. We are going to fight for them and get as many projects done as we possibly can. We are requesting federal funding for a freeway and arterial system for transportation called the FAST system. That will be the focal point in monitoring, collection and dissemination of all Las Vegas Valley transportation. We are also requesting funding for widening US 95 in Northwest Las Vegas. US 95 in Northwest Las Vegas is the most congested freeway in Nevada. The overall project will widen US 95 in Northwest Las Vegas to five lanes in each direction from the Spaghetti Bowl to Rainbow and three lanes in each direction from Rainbow to Craig Road plus make a number of surface street improvements. This is critical to our communities. Not only does good transportation flow improve everybody’s quality of life because you are not stuck in traffic for hours when you would rather be on the soccer field with your kids, but it also helps with pollutants so that your car is not idling minute after minute, hour after hour, on our streets. We are also requesting funding to widen Saint Rose Parkway and I-15 interchange in Henderson, Nevada. This project in Henderson proposes to widen the existing two-lane facility to an eight-lane divided arterial with managed access. We are also asking for funding for implementation of the bus-rapid transit project in the Las Vegas Boulevard north corridor. Why is that important—this corridor is the third busiest in our CAT system. It is crowded with 8,000 passengers per day, crowded to capacity for a 13-hour peak period. We are going to purchase five new vehicles with the hope of an additional five after that. Along with the funds we are requesting for the buses, we are asking for an additional 2 million dollars in order to have intelligent transportation, which is the software to implement it so the buses will work. It is a very important project and will help us get the congestion off the southern Nevada highways.  Finally, we are requesting more federal dollars to complete the southern beltway in Henderson. This project will go from Stephanie to I-515 with a new interchange proposed for I-515, Lake Mead and Henderson. Those are important projects for us, and we will continue to fight and make sure we get them all. The problem we have had for years and years is that the federal dollars that we send to Washington don’t come back this way. It is a problem that all of the growth areas, particularly in the western United States, have. We are finally uniting together as a Western States Caucus to make sure we get our fair share of federal funding when it comes to transportation dollars.

    When it comes to aviation, we had great success in the last Session. We passed legislation, which helped all of the airports in the State of Nevada. We were able to get direct flights from Las Vegas to London to continue bringing people from abroad. We added four slots at McCarran Airport to go from Las Vegas to Washington D.C. We were able to get started on the Ivanpah Airport as well. This took the concerted effort of the four delegation members working in conjunction with each other, putting aside partisan politics, to make sure that we would bring home the much needed dollars for the State of Nevada.

    There are other issues and funds we are asking for in this Session that are very important. We are requesting funding for improvement projects in the FAA budget for McCarran Airport as well as the smaller airports in the McCarran Airport system. McCarran Airport now serves 37 million passengers a year. It is the seventh busiest airport in the world. We need to make sure we have the resources necessary to continue the expansion and to continue serving safely. We are requesting 2 million dollars for a global positioning satellite. This is an augmentation system that will enable the Federal Aviation Administration to establish global positioning satellite instruments for the approach and departure procedures at each of our Las Vegas Valley airports. We are also requesting $300,000 for an automatic surface observation system for the Henderson Executive Airport. At this time we are worried about the need to continue to upgrade in order to continue to provide safe aviation services to the people that fly out of the Henderson Airport. This is very important. We are also requesting money to construct a new air traffic control tower at McCarran Airport. The old tower is outdated and could not possibly serve the 37 million visitors that we have. Currently, there are air traffic controller blind spots, and we need to eliminate those by building this new tower. We are also requesting money for the North Las Vegas Airport so we can make sure their aircraft movement area sensor keeps up with the 21st Century technology. These are important issues for the State and this community because they provide safety, not only for our own families, but people who live here in Nevada and the several million people that come to Nevada every year to enjoy our wholesome family entertainment.

    Let me go on to education issues. There are many things we are doing on the federal level, but I am going to concentrate on after-school programs. There isn’t a state in the United States that needs these after-school programs more than we do. Why is that—because we have one of the highest drop out rates in the nation; we have a preponderance of single parent households. Without people at home to supervise these kids after school, they come home to empty houses. We have many, many latchkey kids. Ask Metro or any of our police departments, and you will find the highest time for juvenile crime is between 3:00 p.m. and 6:00 p.m. Why—because our kids are home unsupervised. If we can provide a wholesome environment for these kids to get a little extra tutoring, help with homework, recreational activities and a nutritional snack right on the school premises, we have done a very important thing. We also have a large non-English speaking population in this State. If we can help these kids by keeping them in school, keeping them interested and giving additional tutoring, we will be doing something important for our children. There isn’t a state in the nation that needs these after‑school programs, summer school programs, drop-out prevention programs more than we do. I don’t think for a minute that federal funding and the federal government can possibly take the place of parental involvement, local control or a state legislature that prioritizes education. I do know that with the programs we have been able to get funding for over the past two years we have been able to provide after-school programs in a cluster school group, which means that we follow these kids from the 1st grade to the 12th grade. Last Session we received a $640,000 grant from the federal government to create after-school programs.

    Yesterday, I had the opportunity to go to Roy Martin Middle School and what I saw was absolutely amazing and should make us all proud. After school, these kids are staying; they are getting help with their math homework; they are learning computers, and most of these kids don’t have computers at home. They need the extra time on the computers in school so they learn how to access this technology. Let’s face it, the education you and I received was wonderful for the lives we are leading, but it is obsolete for the lives that our children and our children’s children are going to be leading. This is a high tech world that we are living in and these kids need to have access to those computers.

    Let me tell you about another program, which in and of itself didn’t seem like much, but it is just extraordinary. I walked into one of these classrooms, and the teacher was playing Taboo with the kids. There were about 20 kids there, why—because these kids come from non-English speaking families. They are learning to improve their vocabulary and enjoying themselves as well—what an incredibly, extraordinarily simple but wonderful program to have. There is a group of kids at Roy Martin Middle School that are very talented. They play instruments and have created an after-school Mariachi band. A Mariachi band at Roy Martin Middle School serenaded me. How terrific to be educating these kids, opening their minds and giving them an opportunity for their talents to blossom. We need to keep these kids in school—that’s what after-school programs do, and that is why they are so important, and that is why we are going to continue to fight for them. This after-school program does one other thing—starting at 6:00 p.m., it becomes a school for their parents to come and learn English—that is the value of an after-school program. We will continue to fight for those programs so that every child can enjoy a piece of the American dream.

    Energy and Yucca Mountain—Twenty-five years ago when I was in law school, I remember idling in line at the gas station waiting for my turn to get $5 of gas because of the energy crisis. I cannot believe that in 25 years this country has not developed a national energy policy so that we could avoid these continual energy crises, which are going to continue to get worse in this county. I am appalled at the fact that we are still relying on fossil fuel energy and foreign oil in order to feed the energy addiction of this nation. I am particularly pleased that you just passed legislation regarding renewables, mandating that the utility companies look to the renewables to get an increasing percentage of the energy we are going to use in the State of Nevada. This is forward thinking, you ought to be applauded. I have co-sponsored legislation in Congress that is going to be compatible with your legislation. It will provide tax breaks and tax credits so that companies that concentrate on renewable energy sources are going to be able to do that and provide it for our utility companies so they can keep the lights on in our State, our community, and in our homes. I do not believe that drilling in the Artic or drilling in the pristine areas of Alaska is the way to go. All it will do is add a few more months of fuel to our nation’s needs. What we need to do is be forward thinking and looking into the future. Conservation—we talked about it for years and years, and when energy became cheap for a while, we all forgot the conservation. We need to go into renewable; we need to go into conservation, and the technology in this nation is going to give us the opportunity, over the next decade, to come up with new sources of energy.

    We must do this. It is inconceivable to me that this nation is even entertaining the notion of increasing nuclear energy supplies. How in the world could we be talking about building new nuclear reactors and increasing nuclear energy when we have never figured out a way of dealing with the by-product of nuclear energy—nuclear waste—the most toxic substance know to mankind. It is extraordinary to me that this is even being suggested in our nation’s capital. What worries me tremendously is that the DOE budget has a 14 percent increase in the Yucca Mountain funding. That is an ominous sign, and I will fight that with every breath of my body because the people of the State of Nevada do not want to be the nuclear dump for the rest of this nation.

    The very notion that we are suggesting that 77,000 tons of toxic nuclear material is going across 43 states before it gets to this state to be buried in a giant hole in Nevada’s desert is ridiculous. We know there are ground water problems, seismic and volcanic activity which could result in catastrophic consequences when it comes to the health and welfare of our families, the health of our environment and the health of our economy. If anybody doesn’t think that one accident would turn Las Vegas into a ghost town, I would beg to differ with them. People aren’t going to come and spend their disposable income at a destination resort area if they think they are going to be polluted by nuclear waste. This is a fight. This is a hill to die for, and I cannot tell you how happy I am that this legislature has taken an extremely strong stand against Yucca Mountain and putting the nuclear repository here in our backyard. Thank you for your support.

    The DOE’s budget request for the Yucca Mountain project is up, as I said, 14 percent this year. This request describes plans to begin the design work for the dump and logistics for shipping nuclear waste to Nevada. This budget request is predicated in clear language on an assumption that Yucca will be approved. This approval is despite the fact that Yucca Mountain does not meet the standards required by law. It has been proven unsafe, clearly unable to contain radiation. I am hopeful however, that the Nevada delegation will again be able to prevail. We have the facts on our side. We were able to stop interim storage last year. I expect to make more progress this year convincing my colleagues that Yucca Mountain is not the solution to the nuclear waste problem in this nation, and that tens of millions of people around this country are also threatened by highway and rail shipments of nuclear waste. That is why it is vitally important that this Nevada Legislature and our local governments continue to send a unified and clear message to Washington. No high‑level nuclear waste in Nevada. I commend you again for your strong voice against Yucca Mountain, and I encourage you to provide the resources to educate people in other states about the dangers of nuclear waste transportation and to fight this in the courts.

    I want to thank you for giving me this opportunity to share some thoughts with you. I realize it is late in the session, and you have much to do so I am particularly grateful to you for listening so quietly and patiently. Thank you all for the work you do. I love representing this State, and I am very proud to count myself among you. Thank you very much.

    Senator Care moved that the Senate and Assembly in Joint Session extend a vote of thanks to Representative Berkley for her timely, able and constructive message.

    Motion carried.

    The Committee on Escort escorted Representative Berkley to the bar of the Assembly.

    Senator Rawson moved that the Joint Session be dissolved.

    Motion carried.

    Joint Session dissolved at 5:57 p.m.

SENATE IN SESSION

    At 6:01 p.m.

    President Hunt presiding.

    Quorum present.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

    There being no objections, the President and Secretary signed Assembly Bill No. 369.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

    On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to His Excellency Baktybek Abdrisaev, Dr. Iskender Akylbekov, Dr. Vladimir Alekseev, Arsen Aidaraliev, Professor Mitalip Mamytov, Takir Manyazov, Dr. Shamil Chingishbaev, Dr. Zhamilya Nugmanova and Kathleen Conaboy.

    On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Joe Crowley, Bill Douglass, Carmelo Urza, Susan Thompson, Nancy Beach, Killy Corrigan, Gabriel Urza, Alexandria Urza and Dorothy Gallagher.

    On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to Jonathan Samuel Broersma, Rhiannon Crystal Broersma and Carol Lynn Broersma.

    Senator Raggio moved that the Senate adjourn until Thursday, April 19, 2001 at 11 a.m.

    Motion carried.

    Senate adjourned at 6:02 p.m.

Approved:Lorraine T. Hunt

               President of the Senate

Attest:    Claire J. Clift

                Secretary of the Senate