THE THIRTY-SEVENTH DAY
Carson City (Tuesday), March 11, 2003
Senate called to order at 11:17 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Patrick Propster.
Our precious Lord, this is the day that You have made in it we
will rejoice and be glad.
We shall not make or bow down to any idols that be made of
anything of the earth, land or sea for Lord there is no God but Thee.
We therefore beseech of Thee, that we may have Your counsel,
discernment and grace throughout all of these sessions. May the words and
opinions of our mouths and the meditations of our hearts and the choices of our
votes be acceptable in Thy sight, O Lord, our rock and our redeemer.
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 was referred Senate Bill No. 10, has
had the same under consideration, and begs leave to report the same back with
the recommendation: Do pass.
Also,
your Committee on Commerce and Labor, to which was referred Senate Bill No.
173, has had the same under consideration, and begs leave to report the same
back with the recommendation: Re-refer to the Committee on Government Affairs.
Randolph J. Townsend, Chairman
Madam
President:
Your
Committee on Judiciary, to which were referred Senate Bill No. 203; Senate
Joint Resolution No. 5, has had the same under consideration, and begs leave to
report the same back with the recommendation: Do pass.
Mark E. Amodei, Chairman
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, March 10, 2003
To the
Honorable the Senate:
I
have the honor to inform your honorable body that the Assembly on this day
passed, as amended, Assembly Bill No. 17.
MOTIONS,
RESOLUTIONS AND NOTICES
By Senators Rhoads, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O'Connell, Raggio, Rawson, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington, Wiener; Assemblymen Sherer, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Weber and Williams:
Senate Concurrent Resolution No. 16—Commending the Eastern Nevada Landscape Coalition for its endeavors toward the restoration of the ecosystems of the Great Basin.
Whereas,
Within the space of about 1 week in August 1999, lightning
storms ignited hundreds of fires that devastated almost 1.7 million acres of
rangeland and forest in the Great Basin; and
Whereas,
Even before the fires were controlled, a team of specialists met to discuss the
consequences of the fires on the Great Basin, and the conclusion was reached
that the native plant communities must be restored in order to prevent an
invasion of nonnative plants that are extremely flammable and would thus ensure
a repetition of the destruction from fire; and
Whereas,
The meeting of these specialists launched the Great Basin Restoration
Initiative and the Eastern Nevada Landscape Restoration Project, which
encompasses approximately 10 million acres and incorporates the following
objectives:
1. To
maintain functioning native plant communities;
2. To
improve and restore degraded plant communities;
3. To
maintain or improve soil productivity;
4. To
maintain and restore water quality and plant communities in riparian areas; and
5. To
protect and improve sensitive wildlife habitats; and
Whereas,
In March 2001, approximately 100 persons, representing universities, state and
federal agencies, and a broad cross section of other organizations, assembled
in Reno, Nevada, and out of that meeting, the idea of the Eastern Nevada
Landscape Coalition was born; and
Whereas,
The Eastern Nevada Landscape Coalition is a private, nonprofit organization
that consists of private organizations, governmental entities and community
groups all working toward the common goal of implementing the Eastern Nevada
Landscape Restoration Project; and
Whereas,
The overall mission of the Eastern Nevada Landscape Coalition is to restore the
dynamic and diverse landscapes of the Great Basin for present and future
generations through such collaborative efforts; and
Whereas,
The accomplishments of the Eastern Nevada Landscape Coalition benefit wildlife,
various species of native plants and watersheds; now, therefore, be it
Resolved
by the Senate of the State of Nevada, the Assembly Concurring, That the
members of the 72nd Session of the Nevada Legislature endorse the mission and
activities of the Eastern Nevada Landscape Coalition in its endeavors to
restore the health and productivity of the land in Eastern Nevada; and be it
further
Resolved,
That the Legislature commends the efforts of the Eastern Nevada Landscape
Coalition to increase knowledge and to foster cooperation and educational
efforts directed at the goal of the restoration of the unique ecosystems of the
Great Basin; and be it further
Resolved, That the Secretary of the
Senate prepare and transmit a copy of this resolution to Ms. Betsy Macfarlan,
Executive Director of the Eastern Nevada Landscape Coalition, and to Mr. Gary
Medlyn of the Ely Field Office of the Bureau of Land Management.
Senator Rhoads moved the adoption of the resolution.
Remarks by Senator Rhoads.
Senator Rhoads requested that his remarks be entered in the Journal.
Thank you, Madam President. As the resolution points
out, 1999 was a terrible year in eastern and northeastern Nevada where almost 2
million acres burned.
The
Bureau of Land Management created the Great Basin Restoration Initiative. They
held a meeting in Reno where over 100 people came together to create the
Eastern Nevada Landscape Restoration Project. The project covers over 10
million acres of lands burned or destroyed because of drought. The purpose of
the coalition is to create a private partner in a joint public‑private
partnership to work toward the goal of restoring the dynamic and diverse
landscapes of the Great Basin. The work of the coalition has been very
successful. It has attracted supporters from federal and state agencies,
universities, business communities, agriculture and from a broad base of
ordinary citizens. The coalition should be applauded to demonstrate how
government and private sources can work together and arrive at solutions for
difficult federal land issues. I urge you to support this resolution.
Resolution adopted.
Senator Rhoads moved that all rules be suspended and that Senate Concurrent Resolution No. 16 be immediately transmitted to the Assembly.
Motion carried unanimously.
Resolution ordered transmitted to the Assembly.
Senate Concurrent Resolution No. 3.
Senator Cegavske moved the adoption of the resolution.
Remarks by Senator Cegavske.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
Senate Concurrent Resolution No. 4.
Senator Cegavske moved the adoption of the resolution.
Remarks by Senator Cegavske.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
Senate Concurrent Resolution No. 5.
Senator Cegavske moved the adoption of the resolution.
Remarks by Senator Cegavske.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
By the Committee on Legislative Affairs and Operations:
Senate Joint Resolution No. 6—Requesting Congress to vote on the appointment of Miguel A. Estrada to the United States Court of Appeals.
Senator Washington moved that the resolution be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
Senator Raggio moved that Senate Bill No. 49 be taken from the Second Reading File and be re-referred to the Committee on Finance.
Remarks by Senator Raggio.
Motion carried.
Senator Townsend moved that Senate Bill No. 173 be re-referred to the Committee on Government Affairs.
Remarks by Senator Townsend.
Motion carried.
Senator Raggio moved that the following persons be accepted as accredited press representatives, and that they be assigned space at the press table and allowed the use of appropriate media facilities: THE MEDIA CENTER: Steve Goodin and SENIOR SPECTRUM NEWSPAPER: Connie McMullen.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Judiciary:
Senate Bill No. 257—AN ACT relating to malpractice; providing that a trier of fact may consult a published treatise, periodical, pamphlet or table concerning the award of noneconomic damages in an action for medical malpractice or dental malpractice under certain circumstances; revising the limitation on the amount of noneconomic damages that may be awarded in an action for medical malpractice or dental malpractice; providing that certain reports concerning malpractice must be made available for access on the Internet; and providing other matters properly relating thereto.
Senator Amodei moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 258—AN ACT making appropriations to the University of Nevada, Reno, for continuation of the Pediatric Diabetes and Endocrinology Center at its School of Medicine; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 259—AN ACT relating to the University and Community College System of Nevada; authorizing institutions within the System to retain the revenue from the reimbursement of indirect costs that they generate from sponsored programs; authorizing the use of such revenue; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Amodei:
Senate Bill No. 260—AN ACT relating to energy; requiring the Public Utilities Commission of Nevada to develop certain policies relating to transmission systems and resource planning of certain electric utilities; requiring certain electric utilities to submit their plans for procuring resources to the Commission for approval; providing penalties; and providing other matters properly relating thereto.
Senator Amodei moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 17.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 36.
Bill read second time and ordered to third reading.
UNFINISHED BUSINESS
Signing
of Bills and Resolutions
There being no objections, the President and Secretary signed Assembly Bill No. 263.
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 students and faculty from the Mark Twain Elementary School: Omar Arroyo, Grant Brewer, Rodney Calhoun, Sean Cutinilli, Carmela Diaz, Cole Dufresne, Nicolas Garcia, Cheyenne Hammack, Austin Irvine, Amber Lemaster, Colin McCulloch, Jackie Noel, Madeline Noel, Analiza Ong, Miranda Peragallo, Wade Ricketts, Dylan Sawyers, Dallin Toronto, Vanessa Vizcaino, Taylor Adams, Brady Ahern, Keegan Aiazzi, Bryce Arbour, Quinn Ashley, Austin Brown, Julieta Gonzalez, August McDowell, Noemi Meza, Ulises Perez, Alyssa Richards, Olivia Rodriguez, Harrison Root, Margaro Sanchez, Ryan Schmid, Meagen Spraycar and teacher: Laurie Nellis.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to John Hiatt and John Falen.
On request of Senator Neal, the privilege of the floor of the Senate Chamber for this day was extended to Diana L. Kennedy and Esther J. Langston.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Thelma Clark.
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Linda Branch.
On request of Senator Rhoads, the privilege of the floor of the Senate Chamber for this day was extended to Betsy Macfarlan.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Amanda Vertner, Lynn Vertner, Dr. Valerie McNay, Dr. Byllie D’Amato Andrews and Pat Elzy.
On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to Ted Files.
Senator Raggio moved that the Senate adjourn until Wednesday March 12, 2003, at 11 a.m.
Motion carried.
Senate adjourned at 11:45 a.m.
Approved: Lorraine T. Hunt
President
of the Senate
Attest: Claire J. Clift
Secretary of the Senate