THE FORTY-SIXTH DAY
Carson City (Thursday) March 20, 2003
Senate called to order at 11:08 a.m.
President pro Tempore Amodei presiding.
Roll called.
All present except Senator Rhoads, who was excused.
Prayer by the Chaplain, Paul Binnings, Baha'i Faith of Carson City.
O Thou kind Lord! This gathering is turning to Thee. These hearts
are radiant with Thy love. These minds and spirits are exhilarated by the
message of Thy glad-tidings. O God! Let this American democracy become glorious
in spiritual degrees even as it has aspired to material degrees, and render
this just government victorious. Confirm this revered Nation to upraise the standard
of the oneness of humanity, to promulgate the most great peace, to become
thereby most glorious and praiseworthy among all the nations of the world. O
God! This American Nation is worthy of Thy favors and is deserving of Thy
mercy. Make it precious and near to Thee through Thy bounty and bestowal.
'Abdu'l-Baha.
Pledge of allegiance to the Flag.
Senator Raggio moved that further reading of the Journal be dispensed with, and the President pro Tempore and Secretary be authorized to make the necessary corrections and additions.
Motion carried.
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, March 20, 2003
To the
Honorable the Senate:
I
have the honor to inform your honorable body that the Assembly on this day
adopted Assembly Concurrent Resolution No. 8.
MOTIONS, RESOLUTIONS AND NOTICES
By Senators Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O'Connell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington, Wiener; Assemblymen Williams, 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, Sherer and Weber:
Senate Concurrent Resolution No. 23—Honoring restaurateurs Paul
and Adele Abowd.
Whereas,
On October 28, 2002, Adele’s at the Plaza in downtown Reno, a
restaurant owned and operated by Paul and Adele Abowd, closed for business on
the 11th anniversary of its opening date; and
Whereas, Paul and Adele
met in San Francisco, California, where Paul was a fry cook and Adele was a
waitress in a restaurant owned by Paul’s father, and were married in 1950 to
form the unbeatable team that has made them known and loved by many and to
start the family that would grow to include sons, Charlie and Michael, and
daughters, Cyrina and Colette; and
Whereas,
The team of Paul and Adele Abowd has made its mark in the culinary world for
the past 50 years through the introduction of new restaurant concepts such as
Peg’s Glorified Ham and Eggs which opened in Richmond, California, in 1953 and
was such a hit that the line was extended to El Cerrito and Oakland,
California; and
Whereas,
In 1978, the Abowds moved to Carson City to open Adele’s, a restaurant that
became an icon of fine dining in western Nevada and is currently owned by their
son, Charlie, and his wife, Karen, and in 1991, Adele’s at the Plaza in Reno
opened its doors to expand and continue the tradition of world-class cuisine in
a relaxing atmosphere; and
Whereas,
Acting on his belief that dining should be an enjoyable experience and even an
adventure, Paul Abowd never stopped working to extend the bill of fare, deepen
the selection of fine wines and perfect the atmosphere of their restaurants to
meet the needs of their guests and satisfy even the most discriminating tastes;
and
Whereas,
The charm and graciousness of Paul and Adele, which was a trademark of their
approach to serving fine meals in their restaurants, is also evident in their
home in Carson City where they have hosted fundraisers, community events,
social dinners and political functions, including a very successful fundraiser
in 1988 for former Governor Richard Bryan in support of his race for a seat in
the United States Senate; and
Whereas,
Former President of the Nevada Restaurant Association and recipient of the 2001
Restaurateur of the Year Award, Adele Abowd maintains that the greatest benefit
of their chosen lifestyle was meeting, and often becoming friends with, so many
wonderful people from all walks of life, the list of which includes visionary
leaders and powerful statesmen; and
Whereas, After
committing most of their lives to the restaurant business and the people they
served, Paul and Adele Abowd are retiring and using the extra time to spend
with each other and their family; 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 extend their admiration
and gratitude to Paul and Adele Abowd for their contributions to the restaurant
industry in Nevada, their culinary expertise and their energetic service to the
people of this state; and be it further
Resolved,
That Paul and Adele Abowd’s example of dedication to their life’s work of
service in the restaurant industry and their cheerful involvement in the
community that have characterized their 52 years together will be an
inspiration to all whose lives they have touched; and be it further
Resolved, That the Secretary of the
Senate prepare and transmit a copy of this resolution to Paul and Adele Abowd.
Senator Titus moved the adoption of the resolution.
Remarks by Senators Titus, Raggio and Amodei.
Senator Titus requested that the following remarks be entered in the Journal.
Senator Titus:
I am pleased to stand in support of this resolution recognizing a
Nevada institution and honoring a wonderful family, the Abowds. But I would
actually rather be sitting in the lovely living room of their famous
restaurant. Adele’s has been the scene of more political functions, deals and
shenanigans than any place in the State, including this building. Thank
goodness, those walls cannot talk.
We
all love being a part of your family, whether you want to claim us or not.
Without you to provide a little respite down the street, this body would
function much less cordially and effectively, and no doubt, policy outcomes
would be a lot worse. Thank you, again, for all you have done for this State,
this community and this Legislature.
Senator Raggio:
Thank you, Mr. President pro Tempore. I am certain
everyone in the Senate would like to speak on this resolution, but time will
not permit. I know I am speaking for all of us when I say that we are grateful
the Abowds chose Carson City to move to in 1978. No one recognized at that time
that the restaurant would become and ex-officio caucus room for the members of
the Legislature. It was a more high-class meeting place than Jack’s Bar. Beyond
the fact that they are wonderful chefs and wonderful hosts, they have become
confidants for everyone in the Legislature. At some time, we have all had the
privilege of being there; however, there are times we can remember, and times
we cannot. The restaurant is a wonderful place for the Legislators to relax and
to re-establish some of the camaraderie that ought to exist but sometimes
dissipates during the discussions here.
I
want to extend our congratulations to Paul and Adele. We are sorry to hear that
this marks their retirement, but Charlie and his wife Karen will keep on with
the restaurant. Our best wishes go to them. I understand, though, Paul will be
doing a little extra at the Wolf Run Golf Club in Reno. I am sure if they have
the kind of restaurant that I know they can create, the restaurant at Wolf Run
will be the best-attended golf course in the State of Nevada. We thank them for
all their friendship, their support and their hospitality.
Senator Amodei:
I
want to thank Paul and Adele, too. I was born and raised in this town and have
watched the legislative process all my life. There was much folklore and
tradition associated with the business of the Legislature when it left the
building it was meeting in. I credit you with moving the out-of-building
business of the Legislature from the bars in Carson City to the fine
restaurants of Carson City.
Resolution adopted.
Senator Titus moved that all rules be suspended and that Senate Concurrent Resolution No. 23 be immediately transmitted to the Assembly.
Motion carried unanimously.
Resolution ordered transmitted to the Assembly.
Assembly Concurrent Resolution No. 8—Expressing support for American military troops again in
harm’s way.
Whereas,
Almost one-quarter of a million American men and women are engaged in war with
Iraq; and
Whereas,
These members of our Armed Forces are exposed to great danger and to the
hazards and discomforts of the harshest of climates; and
Whereas,
They have forsaken home, family and friends in obedience to the call of their
country and fidelity to their oath of service; and
Whereas,
They undertake this duty and prepare to make the ultimate sacrifice out of love
for their country and the freedoms for which it stands; and
Whereas,
The men and women leave behind spouses, children and parents who suffer great
anxiety and make great sacrifices to enable our servicemen and women to fulfill
their patriotic obligation; now, therefore, be it
Resolved
by the Assembly of the State of Nevada, the Senate Concurring, That the
Nevada Legislature commends the noble, selfless and heroic efforts of our
American servicemen and women; and be it further
Resolved,
That the members of the Nevada Legislature join with all Nevadans in laying
aside debates about the prudence of the cause in which our country is engaged
and pray that this conflict may speedily end and that these brave men and women
may return safely home to their families and friends; and be it further
Resolved, That the Chief Clerk of the
Assembly prepare and transmit a copy of this resolution to the Adjutant General
of the Nevada National Guard and the Commanding Officer of Nellis Air Force
Base.
Senator Titus moved the adoption of the resolution.
Remarks by Senators Titus, Raggio, McGinness and Care.
Senator Titus requested that the following remarks be entered in the Journal.
Senator Titus:
It is with a heavy heart that I stand in favor of
this resolution expressing support for our military troops in Iraq. War is
always a terrible thing: lives will be lost; men and women will be injured;
families will be devastated, and property will be destroyed.
Patriotic
Americans will always disagree on the merits of any particular engagement. I
know there are some in this body who support the war and there are others who
have reservations. But for now, we must postpone our debate on the wisdom of
the administration’s actions for a moment to thank, commend, honor and pray for
the noble, selfless and heroic American servicemen and women who are in harm’s
way, even as we speak.
Senator Raggio:
Thank you, Mr. President pro Tempore. I am assuming
that all the names of the members of the Senate are on this resolution. I
support this resolution. Today marks the first day we have been in session
since the war commenced. I agree with the Minority Leader. This is the time to
put aside the diatribe and the rhetoric that has flowed for some time. This
country must stand united. Anything other than that would give aid and comfort
to a tyrant who should have been disposed of a decade ago. Too often, we
tolerate people such as he. We tolerate individuals who would impose their will
upon free people. Many of us saw that while we were growing up during the days
of Hitler and Stalin. This is the time to realize that sometimes only force is
the way to preserve liberty. Let us not give aid and comfort to the enemy. Let
us unite and put aside differences and make certain our troops have our
support. I hope that we have not delayed too long. Perhaps, if we had begun
this war months ago, some lives that will be lost could have been saved. This
is the time to stay united.
Senator McGinness:
Thank you, Mr. President pro Tempore. Fallon Naval Air Station
was left out of this resolution today. Fallon Naval Air Station is the only
place in all the Navy’s locations where a carrier air group, or as we call them
in Fallon, CAGs, can get together and train at one location. During the past 14
months, every Navy fighter pilot has gone through Fallon Naval Air Station and
trained at their unique facility.
As
long as I have been a member of the Senate, I do not remember amending a
resolution, but I think it would be shortsighted if we left Fallon Naval Air
Station out. The great Naval aviators have been basking with pride that they
flew more sorties out of Fallon last year than Nellis Air Force Base had. If we
could add Fallon Naval Air Station to the list, I think it would be greatly
appreciated by our troops.
Senator Care:
Thank you, Mr. President pro Tempore. I was speaking
with a friend of mine who informed me that there are 700 members of our Nevada
National Guard who have been deployed. There are 400 Army and 300 Air Force
members in this war. Let us keep that in mind. Thank you.
Senator Titus:
Thank
you. Of course, we want to add the Fallon Naval Air Station. Whatever the
procedure is to make that happen, we want to be certain that it does happen. I
am certain the Assembly will be in complete agreement with the addition.
President pro Tempore Amodei announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 11:28 a.m.
SENATE IN SESSION
At 11:29 a.m.
President pro Tempore Amodei presiding.
Quorum present.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Judiciary:
Senate Bill No. 397—AN ACT relating to public safety; revising certain provisions governing registration and community notification of sex offenders and offenders convicted of a crime against a child; requiring sex offenders and offenders convicted of a crime against a child who are enrolled in or work at institutions of higher education to register with local law enforcement agencies in whose jurisdiction the institutions of higher education are located; requiring such local law enforcement agencies to notify appropriate campus police departments; providing immunity for certain entities and persons for certain acts or omissions relating to information obtained, maintained or disclosed under certain circumstances; making various other changes concerning conditions of parole and probation for certain sex offenders; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 27.
Bill read second time and ordered to third reading.
Assembly Bill No. 46.
Bill read second time and ordered to third reading.
Assembly Bill No. 53.
Bill read second time and ordered to third reading.
Assembly Bill No. 129.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 205.
Bill read third time.
The following amendment was proposed by Senator Neal:
Amendment No. 66.
Amend section 1, pages 1 and 2, by deleting lines 2 through 12 on page 1 and lines 1 through 29 on page 2, and inserting:
“202.020 1. Any [person under 21 years of age] minor who purchases any alcoholic
beverage or [any such person] who consumes any alcoholic beverage in any
saloon, resort or premises where spirituous, malt or fermented liquors or wines
are sold is guilty of a misdemeanor.
2. Any [person under
21 years of age] minor who, for
any reason, possesses any alcoholic beverage in public is guilty of a
misdemeanor.
3. Any minor who is impaired to any degree by the use of an alcoholic
beverage is guilty of a misdemeanor.
4. This section does not preclude a local governmental entity from enacting by ordinance an additional or broader restriction.
[4.] 5. For the purposes of this section [, possession] :
(a) “Impairment” means any
observable signs or symptoms commonly associated with the use of alcoholic
beverages.
(b) “Impairment” does not
include:
(1) Impairment for an
established religious purpose;
(2) Impairment in the
presence of the minor’s parent, spouse or legal guardian who is 21 years of age
or older; or
(3) Impairment in
accordance with a prescription issued by a person statutorily authorized to
issue prescriptions.
(c) Possession “in public” includes possession:
[(a)] (1) On
any street or highway;
[(b)] (2) In
any place open to the public; and
[(c)] (3) In
any private business establishment which is in effect open to the public.
[5. The term]
(d) Possession “in public” does not include:
[(a)] (1) Possession
for an established religious purpose;
[(b)] (2) Possession
in the presence of the [person’s] minor’s
parent, spouse or legal guardian who is 21 years of age or older;
[(c)] (3) Possession
in accordance with a prescription issued by a person statutorily authorized to
issue prescriptions;
[(d)] (4) Possession
in private clubs or private establishments; or
[(e)] (5) The
selling, handling, serving or transporting of alcoholic beverages by a [person]
minor in the course of his lawful
employment by a licensed manufacturer, wholesaler or retailer of alcoholic
beverages.
(e) “Minor” means a person who is older than 7 years of age and under 21 years of age.”.
Senator Neal moved the adoption of the amendment.
Remarks by Senators Neal, Care and Raggio.
Senator Care moved that Senate Bill No. 205 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
Assembly Bill No. 22.
Bill read third time.
Roll call on Assembly Bill No. 22:
Yeas—20.
Nays—None.
Excused—Rhoads.
Assembly Bill No. 22 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 33.
Bill read third time.
Roll call on Assembly Bill No. 33:
Yeas—20.
Nays—None.
Excused—Rhoads.
Assembly Bill No. 33 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 93.
Bill read third time.
Remarks by Senators Neal, Care, Tiffany, Washington and Coffin.
Roll call on Assembly Bill No. 93:
Yeas—18.
Nays—Tiffany, Washington—2.
Excused—Rhoads.
Assembly Bill No. 93 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 94.
Bill read third time.
Roll call on Assembly Bill No. 94:
Yeas—20.
Nays—None.
Excused—Rhoads.
Assembly Bill No. 94 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
Assembly Bill No. 101.
Bill read third time.
Remarks by Senators Neal and Wiener.
Roll call on Assembly Bill No. 101:
Yeas—20.
Nays—None.
Excused—Rhoads.
Assembly Bill No. 101 having received a constitutional majority, Mr. President pro Tempore declared it passed.
Bill ordered transmitted to the Assembly.
MOTIONS, RESOLUTIONS AND NOTICES
Senator McGinness moved that Assembly Concurrent Resolution No. 8 be taken from the Resolution File and placed on the Secretary’s desk.
Remarks by Senator McGinness.
Motion carried.
UNFINISHED BUSINESS
Signing
of Bills and Resolutions
There being no objections, the President pro Tempore and Secretary signed Senate Concurrent Resolution No. 22.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Schneider, the privilege of the floor of the Senate Chamber for this day was extended to Dan Malloy.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Paul Abowd, Adele Abowd, Charlie Abowd, Karen Abowd, Colette Burau, Scott Burau, Cyrina Abowd and Paul Allen.
On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to Tammy Downs, Pamela Goerke, Beverly Hanson, Teresa Johnson, Mary Jane Lake, Maryann Mangan, Tracy Ramos, Victoria Windham, Susan Bithell, Mike Williams, Joyce Kveum, Ann Burgess, Dee Montooth, Lorraine Porter and Betsi Williams.
Senator Raggio moved that the Senate adjourn until Friday, March 21, 2003, at 10:30 a.m.
Motion carried.
Senate adjourned at 11:55 a.m.
Approved: Mark E. Amodei
President
pro Tempore of the Senate
Attest: Claire J. Clift
Secretary of the Senate