THE SEVENTY-FOURTH DAY
Carson City(Thursday), April 19, 2001
Senate called to order at 11:33 a.m.
President Hunt presiding.
Roll called.
All present except Senator Shaffer, who was excused.
Prayer by the Chaplain, Monsignor Leo McFadden.
Lord, You guide everything in wisdom and love. Accept the prayers we offer for our State of Nevada; by the wisdom of our leaders and integrity of our citizens.
May harmony and honored laws be ours and may we in Nevada have prosperity and peace, for You know the longings of our hearts for ourselves and for our children’s children.
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. 2, 28, 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 Human Resources and Facilities, to which was referred Assembly Bill No. 223, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Raymond D. Rawson, Chairman
Madam President:
Your Committee on Judiciary, to which was referred Assembly Bill No. 41, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Mark A. James, Chairman
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 passed Assembly Bill No. 4.
Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 105, 155, 173, 204, 208.
Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolutions Nos. 33, 34, 35.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
Assembly Chamber, Carson City, April 19, 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. 25, 26.
Patricia R. Williams
Assistant Chief Clerk of the Assembly
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 25—Memorializing former Assemblyman and philanthropist Harold E. Fitz.
Whereas, The members of the 71st session of the Nevada Legislature join the residents of Churchill County and many others in remembering the life and mourning the loss of former Assemblyman Harold E. Fitz; and
Whereas, Harold E. Fitz was born on August 7, 1902, in DeWitt, Michigan, to Victor and Lydia Fitz, and was just 2 years of age when his parents homesteaded in Stillwater, Nevada; and
Whereas, After graduating from Stillwater School, Harold Fitz worked on his family’s farm and in the Virginia City and Silver City mines before leaving for Los Angeles to work for the city’s survey division; and
Whereas, Harold Fitz attended night school to become a registered surveyor and used that knowledge in the years following as a foreman for the Civilian Conservation Corps, as a surveyor for the Navy at the Naval Auxiliary Air Station Fallon and the Hawthorne Naval Ammunition Depot, and in his job with the Andy Drumm Construction Company; and
Whereas, On September 18, 1928, Harold Fitz married Catherine Amelia Lerch, whom he called “my little Susie,” which was subsequently shortened to “Suse,” and who would be his loving companion for the next 72 years; and
Whereas, In 1929, Harold and Catherine Fitz purchased a wheat farm near his family homestead and, in the 1940s, bought several other ranches in Churchill County; and
Whereas, Harold and Catherine Fitz were generous philanthropists who created perpetual scholarships at the University of Nevada, Reno, and Western Nevada Community College and gave to various organizations and causes including the Shriners Hospital in Sacramento, the Churchill County Museum, the Alzheimer research program at the University of Nevada, Reno, and four Scottish Rite Childhood Language Disorders Clinics in Northern Nevada; and
Whereas, Always looking for ways to help the hard-working farmers of the area, Harold Fitz was a leader in the local soil conservation program and the Stillwater Farm Bureau and was instrumental in the purchase of large farm equipment from the Federal Government that could be used by participants of the soil conservation program; and
Whereas, Harold Fitz found many ways to be involved with his community, which included being a Master Mason for 72 years, a member of the Scottish Rite Masonic Order for 50 years, a member of the Kerak Shrine and Chairman of the Democratic Central Committee of Churchill County; and
Whereas, In 1958, Harold Fitz was appointed to fill a vacancy in the Assembly for the special session held that year and was elected to serve another term in 1959, and during these years his expertise was valuable on several committees including Agriculture and Irrigation, State Libraries, Livestock, Military and Indian Affairs, and Ways and Means; and
Whereas, A man of many talents and interests, Harold Fitz enjoyed traveling, reading, fishing and hunting and was a championship marksman with the Nevada State Rifle Team; and
Whereas, In 1998, Harold and Catherine Fitz were presented with honorary associate degrees by Western Nevada Community College to acknowledge their contributions to higher education in Nevada; and
Whereas, Harold Fitz’s keen mind, generous spirit and zest for life will live on in the hearts of those who knew and loved him, especially his wife, Catherine “Suse,” of Fallon, his son, Robert, and daughter, Ruth Pintar, both of Carson City, his brother, George of Yerington, and his 6 grandchildren and 15 great-grandchildren; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That the Nevada Legislature extends its deepest sympathy to the family and friends of Harold Fitz; and be it further
Resolved, That the gazebo erected by Harold and Catherine Fitz in Laura Mills Park in Fallon will be a reminder of the generosity of a man whose desire to help others found expression in numerous ways throughout his life; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to his wife of 72 years, Catherine “Suse” Fitz.
Senator McGinness moved the adoption of the resolution.
Remarks by Senator McGinness.
Senator McGinness requested that his remarks be entered in the Journal.
Thank you, Madam President. Harold was a one-of-a-kind guy. He knew politics in many areas. He was chairman of the Democratic Central Committee in Churchill County six times. He knew politics. He always let me know that he knew politics because he was always calling me and informing me about particular issues that the Legislature was considering and whether or not he did or did not favor those issues. He had a special dislike for the privilege tax. I am not sure that he would like it any more now that the Senator from Las Vegas has changed the name to Government Service Tax. Every time he licensed a vehicle, I would get a call, and Harold would renew his diatribe against the privilege tax. He was probably right.
A couple of times during the session, he would call me and asked me over for coffee and give me my marching orders. He did not believe in aging. Harold died at 98. It was not that many years ago that we had some of those coffee meetings where Harold had clips out of the newspaper or notes made about various bills we were considering. His age did not stop him from getting up on a ladder and trying to trim the fruit trees around the house at the age of 90 plus. I think one of the last times we visited, he was worried about someone replanting the acreage he owned. He had some pasture near his house, and he was very upset with the guy who was supposed to be planting the pasture.
The resolution mentioned that he was a member of the Nevada State Rifle Team. I am not even sure that we have one anymore. He held various rifle championships. Harold will be missed, especially by his family. For those of us in the community who had notice from time to time that Harold was watching, we will miss him as well.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
Assembly Concurrent Resolution No. 26—Commending the musical group R.E.M. for encouraging the prevention of teen suicide in one of their songs.
Whereas, Suicide is the eighth leading cause of death in the United States and the third leading cause of death among teenagers 15 to 19 years of age; and
Whereas, The national suicide rate has more than tripled in the last four decades, a tragedy in itself and a source of devastation to millions of family members and loved ones; and
Whereas, The alarming prevalence of suicide in the United States has even caused the Surgeon General in 1999 to publicly recognize suicide as a public health problem; and
Whereas, According to the National Center for Health Statistics, Nevada has the highest rate of suicide per capita in this country; and
Whereas, In 1999, 20 percent of high school students reported having seriously considered or having attempted suicide during the previous 12 months, and 8 percent of those who seriously considered suicide actually attempted suicide; and
Whereas, Teen suicide is one of the most disruptive and tragic events a community can experience as it mourns society’s loss of the unique contribution that could have been made by that particular person; and
Whereas, The greatest tragedy is that research shows us that 95 percent of all teen suicides are preventable; and
Whereas, It is morally imperative that the residents of this state do all that is possible to aid in the prevention of teen suicide and assist depressed or despondent youth to gain a healthy perspective of their problems; and
Whereas, In 1992, the musical group R.E.M. produced a song, “Everybody Hurts,” to make others aware that everybody feels pain and gets depressed, but that a person can get through the pain and depression without resorting to suicide and
Whereas, R.E.M. used the medium of rock and roll music to reach out to troubled teenagers worldwide in a positive and effective way with the message “hold on”; now, therefore, be it
Resolved by the assembly of the State of Nevada, the Senate Concurring, That the musical group R.E.M. is hereby commended for addressing this issue directly and for effectively suggesting a different perspective to persons who are contemplating suicide; and be it further
Resolved, That the residents of the State of Nevada take notice of the alarming prevalence of teen suicide in the State of Nevada and do all they can to help others hold on to life; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the musical group R.E.M.
Senator Titus moved the adoption of the resolution.
Remarks by Senator Titus.
Senator Titus requested that her remarks be entered in the Journal.
Thank you, Madam President. I am happy to rise in support of this resolution. This resolution honors the band R.E.M. which was founded in the State of Georgia in 1980. The resolution celebrated the inspirational message that is conveyed by the song Everybody Hurts. This song was written by band members; Michael Stipe, Peter Buck, Mike Mills and former member, Bill Berry. It was released in 1992. According the National Center for Health Statistics, Nevada has the highest rate of suicide per capita in the United States and one of the highest rates of teen suicides. Assemblywoman Ohrenschall introduced this resolution after young people in her district told her that this song comforted them in times of emotional crisis. The simple message of the song is expressed in the lyrics. Everybody hurts, but you are not alone. This provides reassurance that others have had similar emotional experiences, and things do get better if we help one another.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
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.
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 12:20 p.m.
President Hunt presiding.
Quorum present.
INTRODUCTION, FIRST READING AND REFERENCE
Assembly Bill No. 4.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
Assembly Bill No. 105.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 155.
Senator Rawson moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assembly Bill No. 173.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
Assembly Bill No. 204.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 208.
Senator Rawson moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 362.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amend sec. 6, page 2, by deleting lines 24 through 29 and inserting:
“Sec. 6. If a public utility that is subject to the provisions of NRS 704.741 to 704.751, inclusive, applies to the commission for a permit for the construction of a utility facility:
1. The commission has exclusive jurisdiction with regard to the determination of whether a need exists for the utility facility; and
2. No other permitting entity may consider, in its review of any application for a permit, license or other approval for the construction of the utility facility, whether a need exists for the utility facility.”.
Amend sec. 8, page 3, by deleting lines 1 through 3 and inserting:
“Sec. 8. 1. Except as otherwise required to comply with federal law:
(a) Not later than 150 days after a person has filed an application regarding a utility facility pursuant to subsection 1 of NRS 704.870:
(1) The commission shall grant or deny approval of that application; and
(2) Each other permitting entity shall, if an application for a permit, license or other approval for the construction of the utility facility was filed with the other permitting entity on or before the date on which the applicant filed the application pursuant to subsection 1 of NRS 704.870, grant or deny the application filed with the other permitting entity.”.
Amend sec. 8, page 3, line 4, by deleting “2.” and inserting “(b)”.
Amend sec. 8, page 3, by deleting line 7 and inserting:
“(1) The commission shall grant or deny approval of that amended application;”.
Amend sec. 8, page 3, by deleting lines 9 through 13 and inserting:
“(2) Each other permitting entity shall, if an application for a permit, license or other approval for the construction of the utility facility was filed with the other permitting entity on or before the date on which the applicant filed with the appropriate federal agency an application for approval for the construction of the utility facility, grant or deny the application”.
Amend sec. 8, page 3, line 15, by deleting “3.” and inserting “2.”.
Amend sec. 8, page 3, line 20, by deleting “4.” and inserting “3.”.
Amend sec. 10, page 3, by deleting lines 33 through 49 and inserting: “without limitation, any facilities for the storage, transmission or treatment of water, including, without limitation, facilities to supply water or for the treatment or disposal of wastewater, which support or service an electric generating plant.
2. Electric transmission lines and transmission substations that:
(a) Are designedto operate at 200 kilovolts or more[, and] ;
(b) Are not required by local ordinance to be placed underground [when] ; and
(c) Are constructed outside any incorporated city . [;]
3. Gas transmission lines, storage plants, compressor stations and their associated facilities when constructed outside [any] :
(a) Any incorporated city; and
(b) Any county whose population is 100,000 or more.”.
Amend sec. 13, page 5, by deleting line 48 and inserting: “service to customers in this state;”.
Amend sec. 14, page 6, by deleting lines 26 through 31 and inserting:
“704.891 1. Any person other than a public utility who receives a permit issued by the commission pursuant to [subsection 2 of NRS 704.890 shall, on or before the date on which construction of a utility facility is commenced and on a date no later than 12 months before the scheduled date of commercial operation of that facility,] NRS 704.820 to 704.900, inclusive, and sections 2 to 8, inclusive, of this act shall, as provided in subsection 2, file with the”.
Amend sec. 14, page 6, line 33, by deleting “1.” and inserting “[1.] (a)”.
Amend sec. 14, page 6, line 34, by deleting “2.” and inserting “[2.] (b)”.
Amend sec. 14, page 6, line 35, by deleting “3.” and inserting “[3.] (c)”.
Amend sec. 14, page 6, line 38, by deleting “4.” and inserting “[4.] (d)”.
Amend sec. 14, page 6, between lines 39 and 40, by inserting:
“2. The reports required by subsection 1 must be filed:
(a) On or before the date on which construction of a utility facility is commenced; and
(b) On a date not later than:
(1) Twelve months before the scheduled date of commercial operation of that facility; or
(2) Thirty days before the actual date of commercial operation of that facility, whichever is earlier.”.
Amend sec. 15, page 6, line 45, by deleting “[30] 15” and inserting “30”.
Senator Townsend moved the adoption of the amendment.
Remarks by Senators Townsend, Raggio and Neal.
Conflict of interest declared by Senator Raggio.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator McGinness moved that Senate Bill No. 381 be taken from the Second Reading File and placed on the Secretary’s desk.
Remarks by Senator McGinness.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 378.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 304.
Amend section 1, page 2, line 2, after “any” by inserting: “member of the public,”.
Amend sec. 2, page 2, by deleting lines 15 and 16 and inserting: “the District of Columbia;”.
Amend the bill as a whole by deleting sec. 3 and renumbering sec. 4 as sec. 3.
Amend the title of the bill by deleting the seventh through tenth lines and inserting: “placed on inactive status after he has been issued a limited license;”.
Senator Carlton moved the adoption of the amendment.
Remarks by Senator Carlton.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Assembly Bill No. 587.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 88.
Bill read third time.
Roll call on Senate Bill No. 88:
Yeas—20.
Nays—None.
Excused—Shaffer.
Senate Bill No. 88 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 91.
Bill read third time.
Roll call on Senate Bill No. 91:
Yeas—20.
Nays—None.
Excused—Shaffer.
Senate Bill No. 91 having received a two-thirds majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 113.
Bill read third time.
Roll call on Senate Bill No. 113:
Yeas—20.
Nays—None.
Excused—Shaffer.
Senate Bill No. 113 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 145.
Bill read third time.
Roll call on Senate Bill No. 145:
Yeas—20.
Nays—None.
Excused—Shaffer.
Senate Bill No. 145 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 196.
Bill read third time.
Roll call on Senate Bill No. 196:
Yeas—20.
Nays—None.
Excused—Shaffer.
Senate Bill No. 196 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 198.
Bill read third time.
Roll call on Senate Bill No. 198:
Yeas—18.
Nays—None.
Not Voting—Coffin, O'Connell—2.
Excused—Shaffer.
Senate Bill No. 198 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 204.
Bill read third time.
Roll call on Senate Bill No. 204:
Yeas—20.
Nays—None.
Excused—Shaffer.
Senate Bill No. 204 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 255.
Bill read third time.
Roll call on Senate Bill No. 255:
Yeas—20.
Nays—None.
Excused—Shaffer.
Senate Bill No. 255 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 317.
Bill read third time.
Roll call on Senate Bill No. 317:
Yeas—20.
Nays—None.
Excused—Shaffer.
Senate Bill No. 317 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 329.
Bill read third time.
Remarks by Senators Neal and O'Connell.
Roll call on Senate Bill No. 329:
Yeas—19.
Nays—Neal.
Excused—Shaffer.
Senate Bill No. 329 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 339.
Bill read third time.
Roll call on Senate Bill No. 339:
Yeas—20.
Nays—None.
Excused—Shaffer.
Senate Bill No. 339 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 350.
Bill read third time.
Roll call on Senate Bill No. 350:
Yeas—20.
Nays—None.
Excused—Shaffer.
Senate Bill No. 350 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 363.
Bill read third time.
Remarks by Senators Porter, Neal, Titus, O'Donnell and Amodei.
Senator Porter requested that the following remarks be entered in the Journal.
Senator Porter:
Thank you, Madam President. I’d like to give a brief summary of the bill. This bill is not just about a highway or a road. It is about the future of the State of Nevada.
The bill states that we can enable local governments to use room tax dollars for expenditures that fall within 30 miles of a certain transportation district. Specifically, this project is located in the Laughlin community of southern Nevada. There is a road called the Needles Highway. It is a 28-mile road between Laughlin, Nevada, and Needles, California. Of that, about 14 miles are on either side of the border. The State of Nevada and the county of Clark have improved most of the road on the Nevada side, and all but about 4 miles have been improved to date. Unfortunately, the road on the California side is a dangerous, treacherous two-lane highway that is also the main artery into our community of Laughlin. This two-lane road is near the small community of Needles, California, that does not have a lot of highway funding available, but they have about 300 or more employees that live in Needles and travel to Laughlin. The issue before us today is the following: Laughlin has about 4.5 million visitors a year, of that, close to 2 million, almost half come from the State of California. The bulk of which travel on this dangerous, treacherous two‑lane road.
I have heard opponents say that if we vote for this project, it will take monies from other needed projects in southern Nevada. Possibly, I can help explain the importance of this project since we have talked about Laughlin and about the importance of the road to the economic viability to the city. The community of Laughlin generates a net to the State of Nevada of over $38 million a year. In the halls, as early as this morning, I’ve heard legislators, teachers and others ask how we are going to fund the future of Nevada. Sales taxes are down. Revenues are down. New estimates are out, that project almost $40 or $50 million a year in lost revenues because of our tax base is reduced due to the economic downturn. Now, add to that fact that in California, alone, we are anticipating in the next ten years almost 200 thousand new slot machines. By comparison, the Las Vegas strip has about 60 thousand slot machines. Can you imagine the impact this is going to have, beyond today, on our economy—lost jobs and lost revenues? The argument from many of those opposed say that spending money in another state could negatively impact our community, and we should be building sound walls, or we should be building other projects. What we are looking for, today, is support for a bill that will help ensure that we continue receiving $38 million at a time in history when we are looking for new revenue sources. I would like to assure the members of the Senate that this project is about the future of the State of Nevada. It is about a situation that impacts close to 11,000 employees in southern Nevada. It impacts our State and a community that depends upon the State of California for its revenues. A community whose net revenues to the State, of over $38 million, are more dollars than the resorts industry is making itself in net revenues. What is our success to date? Success to date is that two years ago, in this very body, in committee, we brought forward a request for funding. We came to this body to ask for $15 to $30 million to help us with this project. We were told to go home, sharpen our pencils and find a new way to fund this project. I applaud the southern Nevada community for putting together a partnership.
We have commitments from San Bernardino, California, and the community of Needles for almost $2.5 million. The tribal nation has committed property, resources and dollars to this project in excess of a million dollars. What we are looking for is enabling legislation to allow the Regional Transportation Commission in southern Nevada, a body made up of elected officials in the county of Clark, to use dollars within this transportation district beyond its existing limits, which I believe is one or two miles. We are asking to be able to go into California. Why would we spend dollars in California to help Nevada? I would submit to this body that we spend hundreds of millions of dollars every year promoting the Nevada community, the Las Vegas community, northern Nevada and Tahoe. Hundreds of millions of dollars are being spent to advertise and to encourage people to visit our State to help us with our needs, to enjoy our resort properties, to enjoy our business communities and visit our families. We are asking for the ability to use dollars in the State of California to ensure or at least to help our future, to make sure we continue generating that $38 million. If we lose another $38 million in our tax base, we will have to find those dollars somewhere else. I appreciate this body, and I know it is going to give serious consideration to this enabling legislation, to make this decision. I ask this body for your support. I believe it is good for Nevada and for our future.
Senator Neal:
Madam President and members of the Senate, I rise in opposition to this bill. We seem to be able to show and demonstrate great ingenuity when it comes to doing things for gaming.
We have schoolchildren in Clark County who do not have schoolbooks. We have children whose parents are being asked to put up money for recreation activities for band activities, and yet, when gaming comes and asks us, we can build a road outside of the State when the State of California said they could not build this road. During the testimony in the committee, I asked the question, “Why can't gaming build this road?” The answer came back, “Gaming is not in the business of building roads.” I would submit to this body that this Legislature should not be in the business of building roads in the State of California for gaming. The Senator has alluded to the fact that millions of dollars would be lost in terms of a tax base. Assuming that if the road were not built, we would lose this money. The Senator seems to forget that when those tourists come into Laughlin and drop their money into the drop boxes, the coin operated machines or lose it across the tables, we have to get the money through the 6.25 percent gross tax on gaming which these individuals have refused to raise during the last 14 years. They come to this body and ask you to take money from the Beltway project. With all of the traffic in Clark County, we are now trying to build the Beltway to relieve the inner city from the congestion of traffic. Now, we want to take that money and have it shift down to Needles, California, to build this road.
If the gamblers want the road, they can build it. Look at what they did in New Jersey. They even built a tunnel to get to the outskirts of an area where they wanted to build a casino. They put up money to do that. But yet, we come here and are asked to build roads when we do not have money for schoolchildren, when we have bad roads and bad streets ourselves. If anyone travels 215 by City Hall in downtown Las Vegas and sees all those dips and rises in the ground, that is the road that is in dire need of repair. No, when the gamblers tell us that they need something, it seems to me that we use all kinds of ingenuity to try to accomplish and meet that need, and schoolchildren are lacking. Employees of the State of Nevada are not getting paid. Teachers are not getting paid, but yet, we can put together a scheme to build a road in California for the gamblers. Tell me how that will sound to your constituents. Tell me how you would explain it to the schoolchildren and the teachers and the parents that the Superintendent of Clark County is asking to go into their pockets to meet the school needs of children. Tell me how you can explain $15 million or $14 million going to build a road in California. It is illogical. It doesn’t make any sense. It is a gamble, betting on the “come,” and you don’t know whether the dice will turn in your favor. Put up the money, and just maybe, we will get the tax money. No, I do not think so.
The money, first, goes through the hands of those gamblers, and right now, from all indications with the measure that I have before this House, they are not going into their pockets and trying to come up with anything. I had the bad experience of sitting in the Taxation Committee the other day with two proposals, one to increase the gross gaming tax. I said to the committee, “Look this is the bill, it says 4 percent above the 6.25 percent. But you as a committee can do whatever you want to in terms of amending this. You can even make it a quarter percent.” That recommendation fell on deaf ears. But now, we get a proposal in this House for $14 million of Nevada’s taxpayer’s money to build a road in California for the gamblers in which the State of California has said, “It’s a gamblers highway, and they will not participate in it.”
I even had a proposal that the teachers had gotten the signatures for and put it before the voters. I presented this proposal to the Taxation Committee, the broad‑based business tax they called it. That fell on deaf ears. No one seemed to want to vote that out, but now we have this because the gamblers asked for it. How does that look, ladies and gentlemen? How does that look to your constituents? Any time the casinos come and ask you for money, you bow down and give it to them, irrespective of whether or not it hurts your constituents or your district. It is the wrong public policy for this State to engage in building a road in the State of California to bring gamblers to gamble in Laughlin. It is the wrong public policy. If the gamblers want to build that road, let them build it. They make millions of dollars.
We should be about taking care of the children, trying to get them money so that they can exercise and engage in athletic programs. We should try to get them band equipment so they can engage in musical programs. But, no, we say that the families should come up with that money. But when it comes to the road, we want to be able to give the gamblers the money to build that road in California. Think about how we look to the public. Think about how we look to the residents of Nevada when word gets out what we are doing with this proposal. It doesn’t make any sense, no sense at all, what we are trying to do here. It only goes to demonstrate to many who think that gaming runs this Legislature. That is what it does. I would dare any of you, whether from the north or south or from the Cow Counties or wherever, to try to explain this to your constituents and see what their reaction would be. You will find they will have a resounding “no” they do not understand this. I do not understand it either except for the fact that it demonstrates the influence and power that gaming has in this Legislature. This body should wake up and try, for once, to do the right thing. We come here by way of getting elected from our public. Of course, some of you get money to run your campaigns from gaming. I happen not to fall in that category the last election. But let me tell you, this is not going to fly well with the people who elected you once word gets out about what we are doing here. I call upon you to vote against this measure. I think that gaming will find a way to do this. I know those of you, up here in Washoe County, you think it will not affect you, and you can be free in your vote. But for those of us who live in Clark County, this will be hard to sell to the people who live in that county when you tell them that you are spending $14 million to build a road in California with all the traffic problems they have in Clark County. They have not even completed the Beltway! You are going to take money from that project to build a road in California.
With that, Madam President, I will be voting against this measure.
Senator Titus:
I also rise in opposition to this bill, not because I am opposed to helping Laughlin improve its economy but because the timing is so bad. If the State were flush and the economic forecasts were bright, I would probably vote for this bill. Currently, the opposite situation prevails. There is talk of a recession nationally, and here in Nevada, revenues are extremely tight. We have heard from our Finance and Ways and Means Committees that we are $150 million short for the biennium. That figure may climb after the economic forecast reports come out on May 1. We have overcrowded schools, underpaid public employees, increasing air pollution, rising energy costs, growing traffic problems, to mention only a few of the challenges we are facing. How can we even consider spending some $14 million on a road to Needles? Coincidentally, an article in today’s Las Vegas Review‑Journal, you may have seen this, recounts the events at last night's Clark County School Board meeting. Because of budget shortfalls, it says that the board is considering charging students fees for schoolbooks—schoolbooks—of all things. They are also looking into charging student fees to participate in sports, band, cheerleading and other extracurricular activities. This policy is known as “pay to play.” The board is going to be asking students to pay to play. I believe this bill is asking Nevadans to pay so that California gamblers can play. I do not believe we can afford to do that at this time. We need to make the best use of every tax dollar, whether it comes from NDOT, RTC or the DSA. I would urge you to vote “no” on the bill.
Senator O'Donnell:
Thank you, Madam President. I rise in support of this measure. If you understand how our tax structure is in this State, you will understand that this is not for gaming. This is for our kids. We depend upon gaming taxes for 47 percent of our budget. When gaming does well, everyone in the State does well. During the last nine years that I have been here, we have done very well. Our income is based upon national disposable income, Income that resides in the pockets of people, which is disposable enough for them to take a trip to Las Vegas, to take a trip to Laughlin. If we cut the spending to that roadway to Laughlin, in fact, why don’t we? Let’s just cut the whole road off and keep everyone out, then we can close all of the casinos in Laughlin just because they didn’t give us campaign funds, or something. We could cut all the roads to Laughlin. We could lay off all of the people in that Clark County southern district and then where would our children be? How much money would we have for books? This roadway is like unclogging an artery to the heart of the economic engine of our State. If you want to continue the vibrancy, the success and the revenue that comes to our general revenue coffers, then you are going to have to build the road. This is an investment in our future, not California’s. That is why they don’t want to put any money in there because everyone who is on that road has dollars in their pockets to give to Nevada. This is an appropriation for transportation. I think it is short sighted for us to blame the very entity that gives us the revenue to run this State. What we should be doing is encouraging, by our tax structure, the success of the very heart of the economic engine of this State. This is a wise and prudent thing to do. You can bet when I go back to my constituents, I am going to tell them the reason I didn’t have to raise their taxes is because I was able to build a road to Laughlin to allow the gaming taxes pay for schools. We can sit here all day and blame each other for the shortcomings, but that is not going to solve the problem. The problem is going to be solved by innovative thinking, and I believe that this is one of those innovative ways of solving a revenue problem. It is an investment, and I am all for it.
Senator Porter:
Thank you, Madam President. Possibly, I’m not making myself clear on a couple of points, and I’d like to take a moment to clarify.
Once again, this bill is enabling legislation to allow local governments to make a decision in southern Nevada where best they feel tax dollars should be spent.
The community of Laughlin is, of course, in the county of Clark and under the privy of the Regional Transportation Commission. The Regional Transportation Commission is letting a bond for approximately $200 million.
I would like to share with you a few of the projects that will be included in this $200 million project. There is a northwest beltway which is a $100 million; the 515/215 interchange is about $10 million; Stephanie right-of-way $5 million; Charleston ramp, $3 million; additional CIP projects, $62 million; Flamingo Road, Tropicana. I can go on and on and on. These are priorities that were not established by the Nevada Legislature. They were established by the local government in southern Nevada for their projects. They include monies to be spent in the outer areas, which is a part of their ongoing process. The outlying areas of Moapa Valley, Sandy Valley, Good Springs, Mt. Charleston have a number of projects that the town advisory board has determined would be a priority, and they have included the Needles Highway/Laughlin Project. Again, it is determined by local government as to the priorities, not this Legislature.
I have heard some comments about supporting this bill and taking money away from kids and needed projects. I concur with my colleague from southern Nevada this is a way for us to try to continue funding those projects. Yes, let us talk about the dollar resources; Laughlin community $38 million a year, net, which we are spending today in this body, $38 million net. Now, if we take a moment and divide that, do you realize that in three months of collecting that $38 million, we could fund the California part of this project? That is just a little over three months which is about $7 million, the rest being on the Nevada side. Six months of that $38 million would fund both sides of that project. Let us take it a step further. The Laughlin community generates about $700 thousand a year in room taxes, this is not Nevada tourists. Most come from outside of Nevada, some visiting from Las Vegas and across the State. This $700 thousand in room tax for ten months would pay for the project. Let me say that I agree with my colleagues from southern Nevada. We have to establish priorities, and we have to find the proper funding sources. We cannot use Nevada fuel tax dollars in California. It has to come from the local government. I stand here and agree we have serious, serious problems: schools, libraries, single families. We have serious challenges. This is one step, without having to raise more taxes, to use dollars that we have to help insure growth so that we will not have to raise additional taxes.
Senator Amodei:
Thank you, Madam President. I have the utmost respect for my colleague from District 4. We do not always agree on things. But I do not categorize anybody’s vote as to why they are voting for or against an issue. When I hear things like: I am bowing down to gaming, and I don’t care about my constituents, let me just say that I would appreciate the same favor. I look forward to the day when a gaming tax bill comes out of that committee, hopefully sponsored by my colleague from District 4, so that I can discuss that with you and evaluate it and, hopefully, support that. I live with constituents every day who work for this State who want to know why people in Henderson, Washoe County and Boulder City are making more money for doing the same darn things they are doing. This is not an opportunity for me to ignore those people. I voted with my colleague on the art tax. I had no contributions from gaming in my campaign either. I am voting for this bill because out in front of this building runs Highway 50 which extends into California. If anybody has been on it lately, it has had millions of dollars of work done on it by the California Department of Transportation. We thank them for that because it is a major lifeline for tourism and economic development in northern Nevada. In the north, there is Interstate 80 which the federal government built but which California Department of Transportation spends millions of dollars a year in bad winters keeping open so that people can get to and from northern Nevada. We processed a bill yesterday, Assembly Bill No. 369, which was rife with regional issues about what happens on the other side of the hill as it affects us. There are regional issues involved in this matter. It is not in my back yard. I plan to vote for it. It is not because I am a puppet of gaming, and it is not because I do not care about my constituents. It is because I happen to think it is an okay enabling device for local governments to have. This in no way, shape or form reflects a disinterest in the issues of my constituents or the constituents in southern Nevada or the school funding issues that we have or any of those other things. I would hope that if I ever stand up and try to categorize anybody else’s vote on this floor that you would please ask me not to do so. Thank you, Madam President.
Senator Rawson, Jacobsen and O'Donnell moved the previous question.
Motion carried.
The question being on the passage of Senate Bill No. 363.
Roll call on Senate Bill No. 363:
Yeas—14.
Nays—Care, Carlton, Neal, Titus, Wiener—5.
Not Voting—Raggio.
Excused—Shaffer.
Senate Bill No. 363 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 366.
Bill read third time.
Roll call on Senate Bill No. 366:
Yeas—20.
Nays—None.
Excused—Shaffer.
Senate Bill No. 366 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 468.
Bill read third time.
Remarks by Senators Washington and Rhoads.
Roll call on Senate Bill No. 468:
Yeas—11.
Nays—Care, Mathews, Neal, O'Connell, Porter, Schneider, Titus, Washington, Wiener—9.
Excused—Shaffer.
Senate Bill No. 468 having failed to receive a two-thirds majority, Madam President declared it lost.
Senate Bill No. 470.
Bill read third time.
Roll call on Senate Bill No. 470:
Yeas—20.
Nays—None.
Excused—Shaffer.
Senate Bill No. 470 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 473.
Bill read third time.
Roll call on Senate Bill No. 473:
Yeas—20.
Nays—None.
Excused—Shaffer.
Senate Bill No. 473 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 480.
Bill read third time.
Roll call on Senate Bill No. 480:
Yeas—20.
Nays—None.
Excused—Shaffer.
Senate Bill No. 480 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 525.
Bill read third time.
Roll call on Senate Bill No. 525:
Yeas—20.
Nays—None.
Excused—Shaffer.
Senate Bill No. 525 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 532.
Bill read third time.
Remarks by Senators Neal and Rhoads.
Roll call on Senate Bill No. 532:
Yeas—20.
Nays—None.
Excused—Shaffer.
Senate Bill No. 532 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 540.
Bill read third time.
Roll call on Senate Bill No. 540:
Yeas—20.
Nays—None.
Excused—Shaffer.
Senate Bill No. 540 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 543.
Bill read third time.
Senators Rawson disclosed he is employed by the university system.
Senator Titus disclosed she is employed by the university system.
Senator Coffin disclosed his wife is employed by the university system.
Roll call on Senate Bill No. 543:
Yeas—20.
Nays—None.
Excused—Shaffer.
Senate Bill No. 543 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Neal gave notice that on the next legislative day he would move to reconsider the vote whereby Senate Bill No. 468 was this day lost.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to former Senators Charlie Joerg and Alan Glover.
On request of Senator Coffin, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Bill Hernstadt.
On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Virgil Getto and Pat Getto.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Catherine “Suse” Fitz, Robert Fitz, Laura Fitz, Ruth Pintar, Mike Pintar and Michael Pintar.
On request of Senator Neal, the privilege of the floor of the Senate Chamber for this day was extended to former Senators Rick Blakemore and Tom Hickey.
On request of Senator O'Donnell, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Ty Hilbrect.
On request of Senator Porter, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Stephanie Tyler.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to former Senator and Justice, Cliff Young, Jane Young, Lavone Duhon, Chase Duhom, Eric Duhon and former Senator Jack Vergiels.
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to former Senator and Ambassador Chic Hecht.
On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Len Nevin and the following students from the Rocky Mountain Christian School: Kari Guerin, Mandi Sherwood, Heather Whittaker, Kimberly Hawkins, Kelsey Volkert, Matt Cox, Becky Sherwood, Daniel Jamieson, Laura Dowell, Chad Johnson, Taylor Jimmerson, Michael Dowell, Robert Jameson, Katie Paquette, Rachel Hutsell; principal: Randy Wetmore; parent: Steve Volkert and teacher: Lisa Donovan.
On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Helen Foley.
On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to former Senators Bill Farr, Stan Drakulich and Larry Drakulich.
On request of Senator Wiener, the privilege of the floor of the Senate Chamber for this day was extended to former Senators Margie Foote and Jack Schofield.
On request of President Hunt, the privilege of the floor of the Senate Chamber for this day was extended to former Senator Hal Smith, Tina Smith and Jane King.
Senator Raggio moved that the Senate adjourn until Friday, April 20, 2001 at 10:30 a.m.
Motion carried.
Senate adjourned at 1:28 p.m.
Approved:Lorraine T. Hunt
President of the Senate
Attest: Claire J. Clift
Secretary of the Senate