THE SECOND DAY

Carson City (Tuesday), February 4, 2003

Senate called to order at 11:23 a.m.

President Hunt presiding.

Roll called.

All present.

Prayer by Reverend Marvin R. Gant, Nevada State Chaplain for the Chapel of Four Chaplains.

Almighty God, we thank You for our very health and ability to be here, today.

We pray You will inspire the minds of the women and men to whom You have committed the responsibility of government and leadership of the great State of Nevada.

Give them the vision of truth and justice that by their counsel all people of all races and creeds can from Your Legislators receive the dignity they deserve, and even more; that those here, today, learn to understand and walk side by side with the people of Nevada, feel their pain, share their joys, dream their dreams and strive to accompany them truly to life, liberty and justice.

This day we mourn and pray for the crew and their families of the Space Shuttle Columbia, patriots of our country and one who nobly served his nation of Israel.

Lieutenant Colonel Michael Anderson (U.S.A.F.), Mission Specialist

Captain David Brown (U.S. Navy), Mission Specialist

Doctor Kalpana Chawla (NASA), Mission Specialist

Commander Laurel Clark (U.S. Navy), Mission Specialist

Colonel Rick Husband (U.S.A.F.), Shuttle Commander

Commander William McCool (U.S. Navy), Pilot

Colonel Ilan Ramon (Israeli Air Force), Payload Specialist

O God, now look graciously upon these elected officials and 2003 Legislators.

Where there is pride, subdue it.

Where there is need, supply it.

Where there is error, rectify it.

Where there is default, restore it.

And where there is that which is just and compassionate, support it.

In Your Holy Name, we pray.

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.

COMMUNICATIONS FROM STATE OFFICERS

United States Senate

Washington D.C. 20510-2803

January 13, 2003

The Honorable William Raggio, Senate Majority Leader, State of Nevada Senate,

Legislative Building, 401 South Carson Street, Carson City, Nevada 89701-4747

Dear Senator Raggio:

I am writing to request the honor of speaking before both Houses of the Nevada State Legislature at 5:00 p.m. on Tuesday, February 18, 2003.

My Reno office will be coordinating the details of my visit. Please call Mary Conelly or June Schmidt at (775) 686-5750 if you have any questions.

Thank you for your kind consideration.

With all best wishes.

Sincerely,

Harry Reid

Assistant Democratic Leader

United States Senate

Washington D.C. 20510-2803

January 27, 2003

The Honorable William Raggio, Senate Majority Leader, State of Nevada Senate,

Legislative Building, 401 South Carson Street, Carson City, Nevada 89701-4747

Dear Senator Raggio:

I respectfully request that you allow me the privilege of addressing a joint session of the Nevada State Legislature on Wednesday, February 19, 2003, from 5:15 p.m. until 5:45 p.m.

Sincerely,

John Ensign

United States Senator

Congress of the United States

House of Representatives

Washington D.C. 20515

January 8, 2003

The Honorable William Raggio, Senate Majority Leader, State of Nevada Senate,

Legislative Building, 401 South Carson Street, Carson City, Nevada 89701-4747

Dear Senator Raggio:

It would be my honor and pleasure to address a joint session of the Nevada Legislature at 5:15 p.m. on Thursday, February 20, 2003, to deliver a formal assessment of our Congressional agenda, and its impact on our State.

As you know, there are a number of issues critical to the well being of our State and our Country that will be addressed in the months to come. It is vital that local, state and federal representatives work together to achieve our goals.

Thank you for this important opportunity. I look forward to seeing you and many of my former colleagues in Carson City.

Sincerely,

Jim Gibbons

Member of Congress

Supreme Court of Nevada

Deborah A. Agosti, Chief Justice

Capitol Complex

Carson City, Nevada 89710

January 14, 2003

Re: State of the Judiciary Address: 2001 Legislative Session, February 26, 2003

Senator William Raggio, 401 S. Carson St., Carson City, NV 89701

Dear Senator Raggio:

As Chief Justice of the Supreme Court of Nevada, it is my privilege to request to address the Senate and Assembly of the State of Nevada. It is my understanding that both Houses will be available for this purpose on Wednesday, February 26, 2003, at 5:00 p.m., in the Assembly Chamber of the Legislative Building. If a conflict exists with this time and date, please contact my office.

The Supreme Court’s reception for the Legislature will be held immediately following the Judiciary Address. We cordially invite the members of the Legislature to attend.

Thank you.

Sincerely,

Deborah A. Agosti

Chief Justice

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, February 4, 2003

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day passed Senate Bill No. 1.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

By Senators O'Connell, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington, Wiener; Assemblymen Beers, Hettrick, Anderson, Andonov, Angle, Arberry, Atkinson, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams:

Senate Concurrent Resolution No. 1—Commemorating the induction of Senator William J. Raggio into the Chapel of Four Chaplains and the inscription of his name on the Legion of Honor Wall.

WHEREAS, Through the Legion of Honor Award Program, the Chapel of Four Chaplains recognizes and encourages selfless service rendered without regard to race, religion or creed by individuals from all walks of life to their communities, the nation and humanity; and

Whereas, The inspiration for the Chapel of Four Chaplains and its mission comes from the courageous acts of the four Army chaplains who were serving aboard the U.S.A.T. Dorchester when it was hit by an enemy torpedo and sank in the North Atlantic on February 3, 1943; and

Whereas, The story of the four chaplains begins on the evening of February 2, 1943, when the U.S.A.T. Dorchester, crowded to capacity, was moving across the frigid waters from Newfoundland toward an American base in Greenland; and

Whereas, Just after midnight, with the U.S.A.T. Dorchester only 150 miles from its destination, an enemy submarine fired a torpedo that exploded in the boiler room, destroying the electric supply and releasing suffocating clouds of steam and ammonia gas; and

Whereas, Taking on water rapidly, the ship began listing to starboard and men clung to the frozen rails, frozen with fear, unable to let go and plunge into the dark, churning water far below; and

Whereas, The testimony of survivors tells us that the sole order and only fragment of hope in this chaos came from four chaplains, Lieutenant George L. Fox, Methodist, Lieutenant Alexander D. Goode, Jewish, Lieutenant John P. Washington, Roman Catholic, and Lieutenant Clark V. Poling, Dutch Reformed, who quickly and quietly spread out among the men, tending the wounded, calming the frightened and guiding the disoriented toward safety; and

Whereas, One witness found himself floating in oil-smeared water, surrounded by dead bodies and debris, and said that he could hear men crying, pleading and praying and that the only thing which kept him going was the voices of the chaplains, preaching courage, offering prayers for the dying and encouragement for those who were trying to survive; and

Whereas, The Arctic air was freezing, leading Rabbi Goode to offer what he said was an “extra” pair of gloves to Petty Officer John J. Mahoney, who only later realized that the Rabbi had decided not to leave the ship and so had offered his only pair of gloves; and

Whereas, Topside the chaplains were distributing life jackets from a storage locker, and when there were none left to distribute, to the astonishment of the men, the chaplains removed their lifejackets and gave them to four frightened young men; and

Whereas, Rabbi Goode did not call out for a Jew, Father Washington did not call out for a Catholic, nor did the Reverends Fox and Poling call out for a Protestant, they simply gave their life jackets to the next man in line, showing true altruism and spirituality; and

Whereas, As the ship went down, the survivors in nearby rafts could see the four chaplains, arms linked and braced against the slanting deck as the ship went down, their voices still offering prayers for the salvation of the men they served; and

Whereas, Through the powers vested in Ed Gobel, Southwestern States Regional Director, and his Regional Board of Directors, Linda West Myers, Caryl Gobel and Dr. Alan Myers, and with the blessing of Reverend Marvin Gant, State Chaplain, on the 60th Anniversary of these heroic acts, United States Senator Max Cleland and Nevada Senator William J. Raggio were honored by being inducted into the Chapel of Four Chaplains and having their names inscribed in the Legion of Honor Wall in the Chapel at Valley Forge, Pennsylvania; now, therefore, be it

RESOLVED BY THE SENATE OF THE STATE OF NEVADA, THE ASSEMBLY CONCURRING, that the Nevada Legislature hereby recognizes the spirit of the four chaplains in Senator William J. Raggio for having devoted his life to helping others through service to his country in the United States Marine Corps, his work on behalf of the principles of all religions as evidenced by his recognition by the National Conference of Christians and Jews, his work to eliminate discrimination as evidenced by the Torch of Liberty Award from the Anti-Defamation League and the virtual plethora of legislation passed during his 30 years in the Senate; and be it further

RESOLVED, That this Legislature heartily commends Senator William J. Raggio on the auspicious occasion of his induction into the Chapel of the Four Chaplains and congratulates him on becoming the fifth Nevadan to be so inducted; and be it further

RESOLVED, That the Secretary of the Senate prepare and transmit a copy of this resolution to Senator William J. Raggio.

Senator O'Connell moved the adoption of the resolution.

Remarks by Senators O'Connell and Raggio.

Senator O'Connell requested that the following remarks be entered in the Journal.

Senator O’Connell:

Madam President, I realize this is early in the session for a resolution, but we wanted to acknowledge the event close to the 60th anniversary of the sinking of the U.S.A.T. Dorchester, which was yesterday, February 3.

The purpose of this honor being given to deserving leaders around the country, such as to our esteemed Senate Majority Leader, is to keep alive the memory of the four outstanding chaplains who willingly gave their lives, that others may live.

Through the resolution, you have heard of the remarkable courage of these four chaplains. This courage was also demonstrated by many men and women on September 11, 2001.

On behalf of the Nevada State Senate and Assembly, I would like to extend our thanks to the Southwestern Board of Directors of the Chapel of the Four Chaplains for their selection of Senator Raggio.

This prestigious award brings well-deserved honor, not only to him but also to the State of Nevada.

Those of us who have had the privilege of serving with Senator Raggio applaud the choice the Board has made.

Senator Raggio:

I am not often taken by surprise. I did not know of this. I appreciate the honor from the pastor and from all of you. It is a wonderful tribute. The remembrance of what these four chaplains did is certainly something significant in the history of this country. It shows the true purpose and the meaning of America. I feel I am not deserving of this recognition. I am very grateful for it and to my colleagues in the Legislature for their support. I will always treasure this award.

Resolution adopted.

Senator O'Connell moved that all rules be suspended and that Senate Concurrent Resolution No. 1 be immediately transmitted to the Assembly.

Motion carried unanimously.

Resolution ordered transmitted to the Assembly.

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: LAS VEGAS SUN: Erin Nef, Cy Ryan, Michael Campbell, David Clayton, Jeff German, Mat Hufman, Steve Kanigher, Ed Koch, Jennifer Knight, Aaron Mayes, Judy Odierna, Launce Rake, Emily Richmond, Susan Snyder; FACE TO FACE WITH JON RALSTON: Jon Ralston, Dana Gentry and Angela Pilmer.

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

By Senators Coffin, Care, Carlton and Neal:

Senate Bill No. 56—AN ACT relating to the Legislature; requiring each regular session of the Legislature to adjourn sine die not later than midnight on the 120th calendar day of that session; and providing other matters properly relating thereto.

Senator Coffin moved that the bill be referred to the Committee on Legislative Affairs and Operations.

Motion carried.

By Senator Wiener:

Senate Bill No. 57—AN ACT relating to juvenile justice; revising certain provisions governing the program of restitution through work; and providing other matters properly relating thereto.

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

Motion carried.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Neal, the privilege of the floor of the Senate Chamber for this day was extended to Helene Ndedi and Mr. MouBamba.

On request of Senator O'Connell, the privilege of the floor of the Senate Chamber for this day was extended to Ed Gobel, Linda West Myers, Dr. Alan Myers, Caryl Gobel, Reverend Marvin R. Gant, Anita R. Gant, Ann Gant, Sarah Gant and John Gant.

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to a delegation of visitors from the People’s Republic of China

Senator Raggio moved that the Senate adjourn until Thursday, February 6, 2003, at 11 a.m.

Motion carried.

Senate adjourned at 11:53 a.m.

Approved: Lorraine T. Hunt

President of the Senate

Attest: Claire J. Clift

Secretary of the Senate