THE SEVENTEENTH DAY
Carson City (Wednesday), February 19, 2003
Assembly called to order at 11:07 a.m.
Mr. Speaker presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Albert Tilstra.
Dear God, In the hush of this moment we pray that Your tender spirit may steal into our hearts and reveal to us how near and how dear You are. There are times when You are not real to us, and we know why. It is not because You have withdrawn from us, but because we have wandered away from You; not because you are not speaking, but because we are not listening; not because Your love for us has cooled, but because we have fallen in love with things instead of persons. O Lord, melt the coldness of our hearts that we may again fall in love with You who has loved us so much.
Amen.
Pledge of Allegiance to the Flag.
Assemblyman Oceguera moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.
Motion carried.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, February 18, 2003
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 17, 57.
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Mary Jo Mongelli |
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Assistant Secretary of the Senate |
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Transportation:
Assembly Bill No. 161—AN ACT relating to motor vehicles; requiring that a passenger in a motor vehicle who is a child weighing 40 pounds or more be secured with a safety belt if a safety belt is available for the child’s seating position; providing under certain circumstances that a vehicle may be halted and its driver cited for the primary offenses of the driver failing to wear a safety belt and of the driver failing to secure with a safety belt a passenger who is a child weighing 40 pounds or more; providing a civil penalty; and providing other matters properly relating thereto.
Assemblywoman Chowning moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Assemblymen Goldwater, Gibbons, Parks, Beers, Chowning, Andonov, Arberry, Buckley, Claborn, Collins, Conklin, Giunchigliani, Griffin, Hettrick, Horne, Koivisto, Leslie, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Perkins, Pierce, and Williams:
Assembly Bill No. 162—AN ACT relating to education; requiring the Legislative Auditor to conduct performance audits of Clark and Washoe County School Districts; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Concurrent Committees on Education and Ways and Means.
Motion carried.
By Assemblymen Goldwater, Gibbons, Parks, Chowning, Leslie, Anderson, Andonov, Arberry, Beers, Buckley, Claborn, Collins, Conklin, Giunchigliani, Griffin, Hettrick, Horne, Koivisto, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Perkins, Pierce, and Williams:
Assembly Bill No. 163—AN ACT relating to financial practices; providing a penalty for a person who willfully offers into evidence as genuine certain fraudulent records or who willfully destroys or alters certain records under certain circumstances; increasing the penalty for certain securities violations; extending the civil and criminal statutes of limitations for certain securities violations; excluding the performance of certain internal audits pertaining to gaming licensees by certain independent accountants; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 164—AN ACT relating to Marlette Lake; abolishing the Marlette Lake Water System Advisory Committee; and providing other matters properly relating thereto.
Assemblyman Manendo moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 165—AN ACT relating to the Public Employees’ Benefits Program; requiring the Board of the Program to ensure that rates established for coverage are the same for all persons who participate in the Program for that coverage; prohibiting the offering of options for coverage in a particular geographic area of this state if such options are not made available in another geographic area of this state; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 17.
Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 57.
Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 26.
Bill read second time and ordered to third reading.
Assembly Bill No. 46.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 5.
Amend section 1, page 2, line 1, by deleting “3” and
inserting “[3] 2”.
Amend section 1, page 2, by deleting lines 4 through 9
and inserting: “may be held at any place within the boundaries of the county.
If the board meets outside the county seat, notice of the meeting must be given
by publication once a week for [3] 2 consecutive weeks in a
newspaper of general circulation published in the county or by publication for
1 week in two or more newspapers of general circulation published in the
county.”.
Amend the title of the bill to read as follows:
“AN ACT relating to counties; revising the requirements for the publication of notice of certain meetings of the board of county commissioners; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
Assemblyman Manendo moved the adoption of the amendment.
Remarks by Assemblyman Manendo.
Amendment adopted.
Bill ordered reprinted, engrossed, and to third reading.
Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.
Assembly in recess at 11:17 a.m.
ASSEMBLY IN SESSION
At 11:21 a.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Oceguera
moved that RENO GAZETTE-JOURNAL:
Ray Hagar, be accepted as an accredited press representative, that he be
assigned space at the press table in the Assembly Chambers, and that he be
allowed use of appropriate broadcasting facilities.
Motion carried.
Assemblywoman Buckley moved that the Assembly recess until 5:00 p.m.
Motion carried.
Assembly in recess at 11:26 a.m.
ASSEMBLY IN SESSION
At 5:09 p.m.
Mr. Speaker presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
Mr. Speaker appointed Assemblymen Ohrenschall and Atkinson as a committee to invite the Senate to meet in Joint Session with the Assembly to hear an address by United States Senator John Ensign.
The members of the Senate appeared before the Bar of the Assembly.
Mr. Speaker invited the members of the Senate to chairs in the Assembly
IN JOINT SESSION
At 5:17 p.m.
President of the Senate presiding.
The Secretary of the Senate called the Senate roll.
All present except Senators Coffin and Mathews, who were excused.
The Chief Clerk of the Assembly called the Assembly roll.
All present.
The President of the Senate appointed a Committee on Escort consisting of Senator Hardy and Assemblyman Mabey to wait upon Senator Ensign and escort him to the Assembly Chamber.
The Committee on Escort in company with The Honorable John Ensign, United States Senator from Nevada, appeared before the Bar of the Assembly.
The Committee on Escort escorted the Senator to the rostrum.
Mr. Speaker welcomed Senator Ensign and invited him to deliver his message.
United States Senator John Ensign delivered his message as follows:
Message To The Legislature Of Nevada
SeventY-second Session, 2003
Thank you, Mr. Speaker,
Lieutenant Governor Hunt, Governor Guinn,
Majority Leader Raggio, Secretary of State Heller, Attorney General Brian
Sandoval,
State Treasurer Brian Krolicki, Controller Kathy Augustine, Justices of the
Supreme Court, fellow legislators, and fellow Nevadans. Thank you for allowing
me to be with you tonight.
I want to extend a warm welcome, especially to the freshman class of lawmakers.
I know this is an exciting time and also an overwhelming time for you. Nevada
has an esteemed history and has been blessed by the dedication of leaders such
as Joe Dini and Jake Jacobsen, and, of course, the legendary Bill Raggio. There
is a great deal to be learned from their decades of service, and
I encourage each and every one of you to solicit their advice. In my first days
in the U.S. Senate,
I approached several senior senators for any insight they could give me. I was
humbled by their experiences and eager to take their advice and then make my
own mark on the United States Senate.
It’s amazing to think that it was almost two years to this very day that I was last here in this Capital. Only two years ago, but on some levels it has been more like a lifetime in the history of our country.
Less than seven months after I spoke here in 2001, the United States was attacked. It is still unbelievable to think back to those horrific hours, days, and weeks that followed. It is clear today that the aftermath of those brutal strikes on America continues to resonate with us. The leadership in Washington is working to ensure the continued safety of our citizens from the wrath of lawless terrorists, something we will accomplish through the sacrifice, dedication, and courage of our armed forces, local, state, and federal law enforcement agencies. Less than one month after September 11, under the leadership of President Bush, the United States responded forcefully with remarkable precision and success. Our military proved its strength and power when, at a range of 7,000 miles, with only 426 men on the ground, we destroyed a regime of terror burrowed in a climate and a geography that had pummeled many forces before us. We didn’t pick that fight on September 11, nor could we ignore it. To have ignored the reign of terror in Afghanistan would have given notice to Al Qaida and other terrorist organizations that our airplanes, financial centers, and military bases are fair play. They are not.
Now, another battle is likely brewing in Iraq. We didn’t pick this fight either, but for the very same reasons, we cannot ignore it. More than ever, American resolve and leadership will be called upon. For more than ten years, Saddam Hussein has failed to comply with the United Nations’ resolutions. Now, much of the world community has decided that Saddam Hussein just needs a little more time. I’m sure he agrees. After all, he just needs a little more time to finish building a nuclear weapon. When and if that happens, we’ve all run out of time.
It is never an easy decision to send our sons and daughters into war, but if we don’t stop Saddam Hussein now, all of our children are at an unacceptable risk. From my seat on the Armed Services Committee and as Chairman of the Readiness Subcommittee, I will do everything I can to ensure that our military has what they need to get the job done. None of us wants war. War has tragic consequences, but in this case, with a madman determined to produce and use the most horrible weapons on the face of the earth against innocent Americans, inaction will have far more dire consequences.
As the issue of going to war or not going to war is raised across our country, I ask you to think about this. Several months ago, questions arose concerning what the government knew about potential terrorist activity and how soon before September 11 that intelligence was gathered. Hypothetically, if on August of 2001, the government, on some level, had a remote idea about what could occur, but no clear roadmap, do you think a preventive strike would have been an option? After all, we knew there were terrorist camps in Afghanistan. We knew they were funded by Osama Bin Laden, who is committed to the destruction of our nation. We knew there was an increase in terrorist communications. If we could have spared thousands of people from the infernos on those planes, the World Trade Center, and the Pentagon on that dreadful day, if we could have stopped the sorrow and mourning of hundreds of thousands of family members and friends, if we could have prevented widowed wives from giving birth to fatherless children, we would have acted with, or without, the United Nations’ permission. We are in the same type of a situation now. Condoleezza Rice said, “We can’t afford to wait for a smoking gun because that smoking gun could be a mushroom cloud.”
We were a very different nation before September 11. We were more innocent and more naïve about what terrorists were truly capable of doing. Today we have another September 11 approaching. If we do not preemptively stop the regime in Iraq from building its arsenal of chemical, biological, and nuclear weapons there will be another September 11, make no mistake about it, with the potential to be far more devastating to far more people. Only this time there will be no excuses for our inaction.
Obviously, the conflict in
Iraq is at the forefront of what is going on in Washington and across the
world. But there are many other issues we are working hard on that have a
direct impact on Nevada and I would like to share those with you. Last year,
President Bush signed into law landmark education reform. Nevada students
benefited to the tune of at least
$75 million over the next five years. The No Child Left Behind Act increases
flexibility in how states utilize education dollars, increases accountability
by requiring annual testing in math and reading, and empowers parents to ensure
that their children don’t get stuck in failing schools. After hearing from educators
in Nevada about the challenges and frustrations of a budget that can’t possibly
keep up with our rapid growth, I went back to Washington and fought to include
a high-growth grant provision to ensure that a fast-growing state like Nevada
would receive the funding that we deserve. The law now requires the federal
government to annually count the number of students in Nevada as opposed to
past practices, which cost our state millions of dollars. Over the course of
the authorization of the No Child Left Behind Act, this means an additional $55
million for the state of Nevada in Title I funds alone, funds which go to
assist the most disadvantaged students. None of us should be willing to accept
the fact that half of our nation’s students are not performing at proficient
levels, a situation that shortchanges them in their quest for a quality future.
All children have the right to a quality education, regardless of their race or
socioeconomic level, and the No Child Left Behind Act is designed to help those
children who are most at risk of failing. Is this difficult to implement?
Absolutely. Are there challenges ahead for you? Yes. But there is adequate
funding to implement the testing, let me assure you. But even if there isn’t,
it specifically says in the bill, this will not be an unfunded mandate. You
don’t have to do the testing if we don’t provide the funds. We will provide the
funds from Washington, D.C., to implement the No Child Left Behind Act.
I have been sending out
staff from my office, across the state, to answer questions about this Act and
I want to encourage you, if you see problems, I want to hear about them. I am
on the Education Committee now, and, as you know, we never craft perfect
legislation, and we want to fix the deficiencies in the Act. A perfect example
happened the other day, though not regarding this Act. Some people were
visiting from Nye County and were talking about after-school programs and the
mandates the federal government has requiring a certain number of instructors
per students. It makes sense in a classroom setting but in an after-school
setting they are at the point where they can’t take their high school age kids
on field trips because they can’t afford to have that many adults with the
children. This is a simple fix that we can do in Washington,
D. C., to take that mandate off. Those are the kinds of ideas that I want to
hear about from you.
Another issue with which you all are very familiar is the challenge to protect patient access to quality health care. I commend you for the important first step you took last year to help stop the exodus of doctors. Unfortunately, Nevada is not the only state that is affected. Several other states are seeing physicians, hospitals, and other health care providers limit their services or leave the profession altogether. This year I will reintroduce the Health Act to strengthen patient access to care through common-sense reform across the United States. The Health Act has several key reforms, including a $250,000 cap on noneconomic damages. Such a cap is crucial to reduce health care costs for all of us. We know these are reasonable reforms because they work in California and Colorado.
An OB/GYN in Clark County paid as much as $141,760 for medical liability premiums in 2002. In Los Angeles, those same premiums were around $54,500; in Denver, those same premiums were just above $30,000. Both are in states that have had medical liability reform on their books for several years.
Stopping abusive lawsuits is critical to protecting those patients who deserve adequate compensation from injury, allowing doctors to provide care without fear of abusive lawsuits, and helping to reduce health care costs for every citizen. But medical liability reform is not enough. It is also essential that doctors enforce accountability within their own profession. State insurance commissions must vigorously protect consumers from price gouging from insurance companies. This is no longer a Republican versus Democrat issue, or even a doctor versus a lawyer issue; this is a patient’s issue. We need to continue to provide patients everywhere the opportunity to receive affordable, accessible, and quality health care for years to come. A crisis in which couples feel forced to move away from Nevada to start a family is unacceptable. We must work together to solve this problem.
When it comes to providing quality health care, another important step is to make sure our senior citizens can afford the prescriptions that they need. We’ve all heard firsthand of the terrible hardships where seniors have to choose between paying rent and getting prescription drugs, or between taking a full dose of their medicine or maybe just half a dose on a daily basis. There is nothing healthy about these realities, nor is it healthy for society to stand by as our seniors struggle with these daily dilemmas. I’m working to make prescription drug coverage for Medicare seniors a reality. Once again, Nevada led the way. I compliment you, Governor, and the rest of you, for Senior Rx in Nevada.
It’s time for the federal government to catch up to what you’ve done. This year I will be reintroducing legislation that would provide an overdue and much-needed prescription drug benefit to the Medicare program. It will offer a responsible solution to make medicine more affordable for those seniors who need it most. It will also provide immediate help to our nation’s seniors in the form of a benefit that is voluntary, reliable, and gives seniors options. It will do so in a manner that complements, rather than replaces, the private prescription drug coverage that two-thirds of our retirees currently have today. Many seniors like their current prescription coverage and should not be forced to abandon them. I am working to ensure that any prescription drug benefit that Congress enacts fits well with what has been done on the state level. In addition, passage of a prescription drug benefit needs to be responsible not only to our senior citizens but also to the taxpayers. There are ways to implement such a program without bankrupting Medicare or the taxpayer.
Seniors are not the only
ones struggling to stretch tight incomes in order to meet growing needs.
Families in Nevada and across the United States face the challenge of paying
their tax burden; providing food, clothing, and shelter for their children; and
working even harder to have money left over so they can pay medical bills,
enjoy a family vacation, save for education costs, or put money away for
retirement. In an effort to allow families to keep more of their
hard-earned money, President Bush has proposed an aggressive economic stimulus
package that makes tax relief a priority.
I fully agree with the importance of tax relief to economic stimulation, and last week I introduced legislation in the Senate to end one of the most unfair taxes levied on American workers. Working Americans are forced to pay income tax on their Social Security taxes. This Social Security tax is textbook double taxation that robs working Americans. This means that when a family pays income tax, the portion that is withheld for Social Security—money that they don’t see until retirement—is calculated into their personal income. When they retire, they get taxed on it. This is clear double taxation. With my legislation, 100 million would feel the savings to the tune of around $2,000 per family. Savings like that translates into real growth and opportunity. Scholars predict that our legislation would produce about a million jobs in the United States. This is a stimulus package that deserves to be enacted into law.
Here in Nevada, we know the importance of opportunity. Most people came to our great state for a better quality of life and opportunity. They deserve the best schools for their children, access to top-notch health care at all stages of life, and a chance to succeed. These are issues that we can work on together, for the benefit of all Nevadans. My door is always open to you, and I encourage you to keep me informed of what we can do in Washington, D.C., to be more effective here at home. Nevadans now have the benefit of five members of Congress in Washington, D.C., with the addition of Congressman Porter.
Interestingly, the Congressional Quarterly recently noted that no two Senators from the same delegation have more different voting records than Senator Reid and I have. Yet, the relationship that we share is really a model for a closely-divided Senate. But make no mistake about it, he’s still a proud Democrat and I’m still a proud Republican. But when it comes to issues that most affect the state of Nevada, these issues are usually not partisan. That’s where our relationship comes into play. Two great examples of our relationship were the killing of the ban on NCAA sports betting. And on the Clark County Lands Bill that was signed into law last year, we brought opposing groups together to create this legislation that will greatly improve the quality of life in southern Nevada for generations to come. The Clark County Lands Bill was based on model legislation that former Senator Dick Bryan and I put together called the Southern Nevada Public Lands Management Act. The success of that legislation continues to unfold as hundreds of millions of dollars have been raised to acquire environmentally sensitive land, build parks and trails, and make improvements in our recreation and conservation areas. This legislation has already improved the quality of life in this state and will continue to do so.
Quality-of-life issues including education, health care, and taxes will be the focus of debate in this state capital and in our nation’s capital over the next several months. We must remember what a privilege it is to have the right to debate these issues; for our constituents to have the ability to share their opinions with us; and for the media to freely report that debate, though some of us don’t like that sometimes. This legislative Body and the freedoms which we have must be cherished. They are the very reasons that despots around the world hate us. As these debates and others develop, we must remember the responsibility we must uphold as leaders of a democratic nation.
I thank you, tonight, for your service and commitment to the state of Nevada. I ask you to join me in praying for our men and women in uniform. I ask you to join me in praying for our President. I ask you to join me in praying for peace. We don’t want to go to war, so I ask you to join me in that. Now I bid you adieu. Thank you for allowing me to share a few words with you tonight. God bless you and God bless the United States of America. Thank you.
Senator Nolan moved that the Senate and Assembly in Joint Session extend a vote of thanks to Senator Ensign for his timely, able, and constructive message.
Seconded by Assemblyman Claborn.
Motion carried unanimously.
The Committee on Escort escorted Senator Ensign to the Bar of the Assembly.
Senator Cegavske moved that the Joint Session be dissolved.
Seconded by Assemblyman Goicoechea.
Motion carried.
Joint Session dissolved at 5:43 p.m.
ASSEMBLY IN SESSION
At 5:44 p.m.
Mr. Speaker presiding.
Quorum present.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no
objections, the Speaker and Chief Clerk signed
Senate Concurrent Resolution No. 8.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Nicole G. Bruno and Anthony M. Bandiero.
On request of Assemblywoman Buckley, the privilege of the floor of the Assembly Chamber for this day was extended to Heather Branagan.
On request of Assemblyman
Collins, the privilege of the floor of the Assembly Chamber for this day was
extended to Bill Young and
David Roger.
On request of Assemblyman
Geddes, the privilege of the floor of the Assembly Chamber for this day was
extended to Tom Adams,
Brent Alexander, Eve Allen, Liz Andrews, Weston Arnold, Angela Bai, Haley
Ballinger, Andi Bardelli, Richard Barkley, Rex Barton, Nick Basso, Jessica
Beairsto, Crystal Becerra, Michael Beers, Mary Benna, Nathan Berry, Nick Bogan,
Paul Brandl, Lance Brophy, Matt Bunn, Marie Burbank, Kateland Butler, Alex
Bybee, Corri Callahan, Rachel Capurro,
Natalie Carano, Angelo Carreon, Kristin Carter, Alex Chambers,
Brittany Chandler, George Chemor, Mike Chunat, Chris Cobb,
Clint Congdon, Jessica Crawford, Tyson Cross, Kaylene Crum, Terran Dear, Justin
Degelman, Adrian Delatorre, Chanse Dennis, Annamaria Desipris, Darren Deweese,
Elizabeth Driscoll, Melissa Dulcey, Lawrence Edwards, Becca Elston, David
Everling, Erik Fostvedt, Nate Franklin, Rachel Fuetsch, Lindsay Funston,
Victoria Gallwas, Kourtney Gansert, Gunnar Garms,
Ben Garrido, Stephani Gehlen, Nicole Gerrard, Jen Gianoli, Anna Gilbert, Tracie
Grant, Colin Green, Christy Griffin, Lorena Groeneveld,
Keenan Haley, Ashley Hall, Jessica Hartmann, Nick Higman,
Jennifer Hodges, Joey Hodges, Therese Hooft, Rafa Ibaibarriaga,
Tony Jimenez, Casha Kayfer, Mike Kessler, Erin Kette, Stephen Komadina, Ryan
Lanning, Mitzi Labranch, Breanna Leuthold, Andy Logan,
Kate Lomen, Matt Lucero, Brendan Lujan, Monica Maloney, Andrew Maloof, Tina
Marshall, Carly Mathisen, Clark McBride, Jim McCarthy, Cody McElroy, Pete
McHugh, Emily McKenna, Julie Minnix,
Brennan Mishler, Erika Mortlock, James Moss, Andrew Nehrkorn,
Tasha Nielsen, Austin Nunez, Michael O’Mara, Jen Paine, Richard Parise, Sabrina
Paulsen, Ryan Pinjuv, Scott Poindexter, Betsy Polak,
Stephanie Rector, Whitney Richburg, Travis Riley, Clint Robbins,
Kenzie Romero, Katie Rossi, Jennifer Rowan, Victoria Sanders, Karey Sarlo,
Thomas Schwedhelm, Matthew Shafer, Devin Seidel, Levi Smith,
Kyleianne Soule, Hank Sprague, Jen Staats, Donel Sullivan, Matt Sweeney, Kyle
Swift, Aimee Taylor, S. Taylor-Caldwell, Amy Thrower, Dan Torres, Josh
Valverde, A.J. Vaus, Jennifer Walker, Brittany Walshaw,
Valeria White, Cheryl Wilkerson, Blaine Wimsatt and Monica Woolridge.
On
request of Assemblywoman Gibbons, the privilege of the floor of the Assembly
Chamber for this day was extended to Jim Holmes and
Ann Holmes.
On
request of Assemblyman Goicoechea, the privilege of the floor of the Assembly
Chamber for this day was extended to Ray Williams and
Jenny Williams.
On request of Assemblyman
Perkins, the privilege of the floor of the Assembly Chamber for this day was
extended to Brian Woodson and
Abel Carlos.
Assemblywoman Buckley moved that the Assembly adjourn until Thursday, February 20, 2003, at 11:00 a.m.
Motion carried.
Assembly adjourned at 5:45 p.m.
Approved: Richard D. Perkins
Attest: Jacqueline Sneddon
Chief Clerk of the Assembly