THE FOURTH DAY
Carson City (Thursday), February 6, 2003
Senate called to order at 11:21 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Albert Tilstra.
O God, at this moment the Senators of this great State humbly ask
for Your help and guidance. Make it a sacred moment, a moment when we all
become aware of our need for You, a moment when answers come and guidance is
given.
Often, we pray for that which is already ours, neglected and
unused. Sometimes, we pray for that which can never be ours, and sometimes, for
that which we must do for ourselves.
How many times we never pray at all and then work ourselves to
death to earn something that is ours for the asking.
Help us to understand that “faith without works is dead,” and
that works without faith can never live.
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.
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 adopted
Senate Concurrent Resolution No. 1.
|
Diane
Keetch |
|
Assistant Chief Clerk of the Assembly |
MOTIONS, RESOLUTIONS AND NOTICES
By Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O'Connell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington, Wiener; Assemblymen Knecht, 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, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams:
Senate Concurrent Resolution No. 2—Recognizing February 6, 2003,
as Ronald Reagan Day.
WHEREAS,
Former President Ronald Wilson Reagan, a man of humble background, worked
throughout his life to preserve freedom and advance the public good, having
been employed as an entertainer, a Union leader, a corporate spokesman, the
Governor of California and the President of the United States; and
WHEREAS,
Ronald Reagan served with honor and distinction for two terms as the
40th President of the United States; and
WHEREAS,
In 1981, when Ronald Reagan was inaugurated President, he inherited a
disillusioned nation shackled by rampant inflation and high unemployment; and
WHEREAS,
During his second election, Ronald Reagan earned the confidence of three-fifths
of the electorate and was victorious in 49 of the 50 states in the general
election, a record unsurpassed in the history of American presidential
elections; and
WHEREAS,
During Ronald Reagan’s presidency, he worked in a bipartisan
manner to enact his bold agenda of restoring accountability and common sense to
government which led to an unprecedented economic expansion and opportunity for
millions of Americans; and
WHEREAS,
Ronald Reagan’s commitment to America’s Armed Forces contributed to the
restoration of pride in America, her values and those cherished by the free
world, and prepared the Armed Forces of the United States to win the Gulf War;
and
WHEREAS,
Former President Reagan’s vision of “peace through strength” led to the end of
the “Cold War” and the ultimate demise of the Soviet Union, guaranteeing basic
human rights for millions of people; and
WHEREAS,
After two terms in office, Ronald Reagan’s innovative and challenging program
known as the “Reagan Revolution,” which focused on reinvigorating the American
people and reducing their reliance upon government, was considered a complete
success; and
WHEREAS,
Today, February 6, 2003, Ronald Wilson Reagan will have reached the age of 92
years; now, therefore, be it
RESOLVED
BY THE SENATE OF THE STATE OF NEVADA, THE ASSEMBLY CONCURRING, That the members of the Nevada
Legislature hereby join the nation in recognizing this day, February 6, 2003,
as Ronald Reagan Day in honor of a man who dedicated his life to the service of
our country; and be it further
RESOLVED, That the Secretary of the Senate
prepare and transmit a copy of this resolution to Nancy Reagan, Ronald Reagan’s
loving and devoted wife of 50 years.
Senator Raggio moved the adoption of the resolution.
Remarks by Senator Raggio.
Senator Raggio requested that his remarks and a newspaper article from the Reno Gazette-Journal be entered in the Journal.
Thank you, Madam President. It is indeed fitting that we observe
today, February 6, 2003, the occasion of former President Ronald Reagan’s 92nd
birthday. It is tragic that at that age someone who has done so much for this
Nation and the world is a victim of Alzheimer’s disease. Nevertheless, it is
significant we recognize the oldest living President of the United States,
Ronald Reagan. We take time to understand the significance of his presidency for
this country and for the world as a whole. President Reagan never lost his
faith in America.
I do not want to take a lot of time, but I do know the Reagan
Presidency did much to restore America’s confidence and belief in itself. It
brought with it a resurgence of patriotism, a feeling of pride, and America
felt better about it all during the eight years President Reagan served. His
constant optimism, his enduring faith in God and America, and his belief we
could all work together to build this “Shining City on the Hill” was an
inspiration to us all. He will live in all of our memories, and we extend our
best wishes as a group to Nancy Reagan, who stood behind him so steadfastly
during his presidency and during their entire marriage.
In doing this, the Senate
will join with the Assembly in extending congratulations to President Reagan
for a lifetime of dedication and service to the ideals of America and to his
wife Nancy Reagan.
I
would like to include an article that was in the Reno Gazette Journal
this morning written by Tyrus W. Cobb, former special assistant for National
Security Affairs to President Reagan. He says it much better than I could.
Reno Gazette-Journal—February 6, 2003
By Tyrus W. Cobb
On this day, Ronald Reagan’s 92nd birthday, so many images of the
President I worked with for six years come to mind. Who can forget what Reagan
accomplished in his long life, particularly what he did in restoring our faith
in America, and in ourselves, during his eight years in office? Truly, it was
“Morning in America” again.
The images—his standing in front of Berlin’s Brandenburg Gate,
demanding, “Mr. Gorbachev, tear down this Wall!” His stirring address to
the British Parliament in 1982 when he aroused the West to take a determined
stand against international communism. His constant appeals to us to create
that “Shining City on the Hill.” And, particularly poignant at this time, his
moving words following the Challenger disaster, “The future does not belong to
the faint-hearted. It belongs to the brave.”
I would count first among his many accomplishments the ending of
the Cold War on our terms and the initiation of a process that led to the
dismantling of the Warsaw Pact, the reunification of Germany and the
dissolution of the Soviet Union. Many “experts” doubted that Ronald Reagan was
up to the task of dealing with the dynamic, young and globally popular new
Soviet leader Mikhail Gorbachev, who took over the ruling Politburo in 1985
following years of decrepit rule by aging (Brezhnev, Chernenko) and sick
(Andropov) leaders in Moscow. If the truth be known, many of the top officials
in our own government weren’t so convinced that the President was ready to
match wit and wisdom with Gorbachev.
Prior to the President’s historic summit meeting with Gorbachev
in October, 1985, we conducted extensive briefings and preparations for the
President. Finally, Ronald Reagan called a halt to all these interminable
discussions and conflicting advice, turned to all of us and said, “I have been
preparing for this meeting for 40 years … If I’m not ready now, I’m never going
to be.” But was he?
Not to worry. Reagan took charge of the summit in Geneva from the
outset. Who can forget, on that brilliantly blue but very cold October morning,
when Reagan, wearing only his dark blue suit, bounded down the stairs of his
villa to meet Gorby, who climbed out of his drab Russian-built Chaika
limousine, wrapped from head to toe in his overcoat and oversized fur hat?
Reagan had the psychological advantage and kept it throughout the summit.
Although the negotiations were difficult and protracted, and
Gorbachev proved to be as intelligent, knowledgeable and facile as we had
anticipated, Reagan held firm to his principles. No more unverifiable treaties
(“Trust, but verify,” he loved to say in Russian,) no more agreements codifying
Soviet superiority in arms on the European continent, no more tolerating
Moscow’s refusal to grant its citizens basic human rights, and—perhaps most
important to the President—no more reliance on offensive nuclear missiles to
provide for our security. Reagan particularly would not compromise on his
deep-felt desire to move away from a dependence on the threat of annihilating
each superpower’s population as a basis for maintaining our security.
Gorbachev hung firm on many key points, especially in his
opposition to Reagan’s “Strategic Defense Initiative.” I think he was hoping
that the President would “understand” that an agreement on Moscow’s terms would
ensure that the President emerged from the summit as a popular and respected
world leader and peacemaker. Reagan rejected the appeal and held to his
principles. Gorbachev folded.
But it was not these concrete accomplishments, impressive as they
are, that I best remember about the President. Rather, it was his constant
optimism, his enduring faith in God and America, and his belief that we could
build this “Shining City on the Hill.” Reagan returned to that theme in his
final address from the Oval Office. “My friends,” he said,” “we made the city
freer, and we left her in good hands. All in all, not bad at all.”
Yes, not bad at all. Happy birthday, Mr. President. And may God
bless you.
Resolution adopted.
Senator Raggio moved that all rules be suspended and that Senate Concurrent Resolution No. 2 be immediately transmitted to the Assembly.
Motion carried unanimously.
Resolution ordered transmitted to the Assembly.
Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 11:32 a.m.
SENATE IN
SESSION
At 11:42 a.m.
President Hunt presiding.
Quorum present.
MESSAGES FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, February 6, 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. 2.
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 2—Memorializing the victims of the events of September 11,
2001.
WHEREAS,
On September 11, 2001, terror struck the heart of America, but that terror
found no resting place in the hearts of Americans who, in the moments and days
following the first realization that our country had been attacked, countered
with courage and an outpouring of love and compassion that evidence the best of
our great Nation; and
WHEREAS,
We will not forget the shocking events of that Tuesday morning in
September 2001, and we will not forget the stories of heroism and
determination that unfolded in New York City, at the Pentagon and in the skies
over Pennsylvania as ordinary people faced the most frightening circumstances
one could possibly imagine and met the challenge by risking their own lives in
heroic attempts to help others; and
WHEREAS,
By their examples, we have learned from these heroes how to respond to evil
with good, and to respond to terror with love, and in remembering their
selflessness, we are given the strength to continue to reach out to the people
we meet each day with kindness and respect; and
WHEREAS,
We, as Americans, have been blessed with democracy and freedom, and endowed
with the gift to do good, and the responsibility to do no less; and
WHEREAS,
From the Civil War to the Great Depression to World War II, American life has
always been about facing challenges and rising up together to set a shining
example of a society based on equality, freedom and tolerance; and
WHEREAS,
As we struggle with the loss of so many lives, 2,801 at the destruction of the
World Trade Center Towers, 184 at the attack on the Pentagon, and the 40
passengers and crew members of United Airlines Flight 93, each with a face and
a name, and families and friends who loved them, we also recognize our own
mortality and take the opportunities presented each day to express our love and
appreciation for those around us, and make the most of the days remaining for
each of us; now, therefore, be it
RESOLVED
BY THE ASSEMBLY OF THE STATE OF NEVADA, THE SENATE CONCURRING, That united in our national mourning,
we will remember every family that lives in grief and we pray that their sorrow
is fading even as the thoughts of their loved ones remain as cherished and
comforting memories; and be it further
WHEREAS, That the thousands of innocent
victims whose lives were brought to a tragic and horrifying end by evil too
terrible for most to comprehend, will be honored by our common and unending
pursuit of freedom and peace in the world, and by our continued dedication to
public service and respect for all humanity.
Senator Rawson moved the adoption of the resolution.
Remarks by Senators Rawson, Neal and Raggio.
Senator Rawson requested that the following remarks be entered in the Journal.
Senator Rawson:
Thank you, Madam President. This resolution speaks well for
itself. I know that many of you remember that morning. As I watched the news
that day, it was a terrible shock to realize people were dying in front of my
eyes. It is still very difficult for me to understand there are thousands of
people in the world today who are dedicated to killing Americans. It is
difficult to understand their viewpoint when our wish is to allow freedom and
democracy throughout the world.
Things will never be the same because of this event. I think all
of us are dedicated to try to build a better world. Like the victims of other
holocausts, we need to see that these people are never forgotten. I would urge
all of you to join with me and with the Assembly in memorializing them on this
day.
Senator Neal:
Madam President, to you and all of the Senators. I rise in
support of this resolution. It was a tragic day, September 11, 2001. We should
never forget. Let us express the hopes, beliefs and desires of all Americans
that this should never happen again. I think we should also be aware that as a
world power we have a duty to try to do good in the world. When these
situations occur, we must never forget our sense of justice and the
Constitution we hold so dear. We must not find ourselves responding in such a
way, emotionally or otherwise, that we create a totalitarian system within this
country as we try to deal with the prospect of this happening again.
I would like to remind the Senate that in the 1960s a gentleman
from Berkley, William Burdick, wrote a book called The Ugly American. He
expressed how we took advantage of the freedoms we hold dear. We heard some
expression of that from the piece that appeared on the screen announced by
former President Reagan. It put forth the idea of the greatness of this
country. We have to understand there are other people in the world who are
living in poverty and who are not so fortunate. This country holds a duty to
try to help correct and not fence us off. We do not want to become this little
state within world power that cannot see anything but ourselves. We also must
be able to think beyond these borders and to see other people and their
problems. I would hope we try to address those problems.
The resolution is fine, but this country is not self-sufficient
in its own resources. We must understand that. We have the continents of
Africa, Asia and the Middle East all supplying us with certain resources needed
to keep this an industrialized nation. They allow us to enjoy the things we
have—automobiles and homes. That tells us we should never try to isolate
ourselves from other people in the world. There are people out there we are
going to need for our own support in the future. We should look toward that.
This was a tragic event. Will it happen again? I do not know. Can
we do something to prevent it from happening again? I think we can, but we hear
Homeland Security is stopping people and looking at them because they are a
different color than most Americans who think of themselves as white. We should
remember there are other people out there. I just heard a report, recently, on
“60 Minutes.” It talked about IIT, (India Institute of Technology). It has
produced more scholars in this country than we generate ourselves. They make
Microsoft look good. All our technology we have in the dot-coms, primarily,
comes from those individuals. When Gandhi was head of India, he came to build
that institute. Now, it is spreading all over the world. Many of those
individuals are here. We have to remember we are the Nation of many faces. We
are not just one voice or one language. The other day I was talking to the
Governor, and he mentioned that in Clark County we have 54 different languages
being spoken. That calls upon us to be more cosmopolitan in our viewpoint. When
we are struck with a tragedy, we have to remember we are a nation of many
faces. Let us not just appeal to the emotion that is generated from this
tragedy but also look beyond this and try to do good for the people of the
world.
Senator Raggio:
Thank you, Madam President. I certainly speak in favor of this
resolution. I want to go on record as saying I categorically reject, out of
hand, any suggestion that this Nation has done anything to justify this type of
terrorist act. Certainly, there is nothing in this resolution that is racist.
This Nation is a nation of many faces with much diversity. This is a Nation who
has always tried to help the rest of the world. Just recently, President Bush
recommended a tremendous amount of money in aid to deal with AIDS in Africa. We
have consistently, from the “Truman Plan” and “Marshall Plan,” tried to help
the rest of the world. No one is going to convince me that the face of this
Nation is such that we somehow attract this kind of violence. We are not and
should not be responsible. I will not accept the responsibility as an American
for any justification for those people who acted as terrorists in this terrible
tragedy that occurred on September 11.
Resolution adopted.
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: COX COMMUNICATIONS: Steve Schorr; KLAS-TV: Brandon Eisenberg; KNPB-TV: Janice Baker; LAS VEGAS REVIEW-JOURNAL: Jane Ann Morrison, Lisa Bach, Joelle Babula, Jan Moller, Natalie Patton, Kevin Cannon, Amy Bennett; NEVADA APPEAL: Maria Dal Pan and NEVADA RANCHER: Don Bowman.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Senator Raggio:
Senate Bill No. 58—AN ACT relating to hazardous waste; providing that certain required analyses relating to hazardous waste and regulated substances must be performed by certified laboratories; requiring the State Environmental Commission to adopt regulations for the certification of such laboratories; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By Senator Rhoads:
Senate Bill No. 59—AN ACT relating to education; authorizing the board of trustees of a school district under certain circumstances to provide a program of instruction based on an alternative schedule without the approval of the Superintendent of Public Instruction; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By Senator Cegavske and Assemblywoman Giunchigliani:
Senate Bill No. 60—AN ACT relating to trade practices; providing for damages under certain circumstances against a retail seller who fails to deliver merchandise reserved for purchase by a retail buyer pursuant to an agreement for layaway; and providing other matters properly relating thereto.
Senator Cegavske moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 61—AN ACT relating to education; prohibiting an employee or agent of a school district from taking certain actions relating to the use of psychotropic drugs by pupils; authorizing certain employees of a school district to suggest that a pupil be evaluated for placement in a special program; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 62—AN ACT relating to the University and Community College System of Nevada; requiring a publisher or manufacturer of instructional materials to provide an electronic version of such materials upon written request of an institution for use by university or college students, staff or faculty with print access disabilities who are unable to use standard instructional materials; establishing procedures for making written requests for electronic versions of instructional materials from a publisher or manufacturer; authorizing the Board of Regents of the University of Nevada to establish centers to process such written requests; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
UNFINISHED BUSINESS
Signing
of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Bill No. 1; Senate Resolutions Nos. 1, 2, 3; Assembly Concurrent Resolution No. 1.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to teachers: Mrs. Morton, Mrs. Prosser, Mrs. Tovar and the following students from the Libby Booth School: Mariela Alonso, Michelle Baltazar, Andrew Becker, Cameron Otto, Cody Boos, Maria Garcia, Yovana Guerrero, Montrel Hoskins, Asma Khan, Briana Lockett, Jorge Lopez, Peter McGaffic, Jaime Perez, Fernando Perez, Ramonita Quiles, Michal Rempala, Sarah Schneider, Oscar Soto, Deja Thomas, Loy Thomasson, Leeann Wagner, Robbie Wendt, Tyana Wendt, Carolina Lopez, Ernesto Carillo, Jaime Moran, Janet Esparza, Jonathan Smart, Luis Arreygue, Lupe Rodriguez, Manuel Negrete, Mari Chavez, Mario Paredes, Nancy Armenta, Noemi Marquez, Paloma Ojeda, Rafael Salazar, Raul Carral, Stacy Dominguez, Scott Saddler, Clarissa Kearns, Zach Jernberg, Andre Cruz, Jose Arroyo, Jessica Barajas, Flor Carrillo, Aubrey Ellis, Guadalupe Hernandez, Travis Hughes, Courtney Iversen, Jasmeen Kaur, Richard Long, Salomon Martinez, Rocio Molina, Samuel Nava, Anthony Perazzo, Christopher Pierce, Carlos Rangel, Jose Regla, Dennis Smith, Ashley Vicks, Noel Villalobos, Yap Malcolm and Miguel Bernal.
On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Lynette Boggs McDonald.
On request of Senator Schneider, the privilege of the floor of the Senate Chamber for this day was extended to Sharon Pearson, Curtis Jones, Matt Kurtz, Melynn Thompson, Lessica Lewis, Courtney McGuire and Molly Rautenstrausoh.
Senator Raggio moved that the Senate adjourn until Friday, February 7, 2003, at 10:30 a.m.
Motion carried.
Senate adjourned at 12:04 p.m.
Approved: Lorraine
T. Hunt
President of the Senate
Attest: Claire J. Clift
Secretary of the Senate