THE NINTH DAY
Carson City (Tuesday), February 11, 2003
Senate called to order at 11:25 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Reverend Bruce Henderson.
Father,
As I open the Book, I am impressed by the first words: “In the
beginning, God…” In the beginning, there You were, Lord. At the beginning of
the 72nd Session of the Nevada State Legislature last week, we prayed. For in
the beginning of the Legislature, too, there You are. At today’s beginning and
yesterday’s and tomorrow’s, there You are and were and will be. That’s good.
Help us to be there alongside You in all that we do. In the Name of the One who
is ever present.
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 Judiciary, to which were referred Senate Bills Nos. 48, 55, 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, February 10, 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. 6.
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Natural Resources:
Senate Joint Resolution No. 1—Urging the Secretary of the Interior to amend certain regulations concerning the allocation of water rights for watering livestock on public lands.
Senator Rhoads moved that the resolution be referred to the Committee on Natural Resources.
Motion carried.
By the Committee on Natural Resources:
Senate Joint Resolution No. 2—Urging the Secretary of the Interior, the Secretary of Agriculture and Congress to take certain actions concerning expenditures of money for restoration of and water developments on the public lands in Nevada.
Senator Rhoads moved that the resolution be referred to the Committee on Natural Resources.
Motion carried.
By the Committee on Natural Resources:
Senate Joint Resolution No. 3—Urging Congress to take certain actions concerning wilderness areas and wilderness study areas.
Senator Rhoads moved that the resolution be referred to the Committee on Natural Resources.
Motion carried.
By the Committee on Natural Resources:
Senate Joint Resolution No. 4—Urging the Nevada Congressional Delegation and Congress to take certain actions concerning wilderness areas and wilderness study areas.
Senator Rhoads moved that the resolution be referred to the Committee on Natural Resources.
Motion carried.
By the Committee on Natural Resources:
Senate Concurrent Resolution No. 7—Directing the Legislative Commission to appoint a subcommittee to continue the study of wilderness areas and wilderness study areas in this state.
Senator Rhoads moved that the resolution be referred to the Committee on Natural Resources.
Motion carried.
Senator Amodei moved that the motion whereby Senate Bill No. 21 was referred to the Committee on Judiciary be rescinded and that it be referred to the Committee on Taxation.
Remarks by Senators Neal, Raggio and Amodei.
Senator Neal requested that the following remarks be entered in the Journal.
Senator Neal:
Madam President, I had some questions about Senate Bill No. 21
when it was being referred to the Committee on Judiciary. I was told that at
that time, by its title and according to the rules, the proper committee for
that bill was the Committee on Judiciary. I do not know what has happened since
the bill was referred. I do not recall having heard that we had rewritten the
rule to make the re-referral of the bill. The bill is now being referred to the
Committee on Taxation. As I look at Taxation and Rule No. 40, paragraph (h),
the Committee on Taxation is a seven‑member committee with jurisdiction
over measures affecting primary Title 32 of NRS and state and local revenues.
I
understand the bill was referred by title to the Committee on Judiciary. All
gaming fee bills were referred to the Judiciary Committee until last session
when the change was made because the Judiciary chairman did not want to receive
the bills. They were then referred to the Committee on Taxation. When Senate
Bill No. 21 was introduced, it was a fee bill for gaming tax and was referred
to Committee on Judiciary. Now, we are going to re-refer the bill to the
Committee on Taxation. I am wondering what is happening here. Who is making
these referrals? What pressure is being placed upon the Senate to change a
referral made nearly a week ago?
Senator Raggio:
Thank you, Madam President. In response to the Senator from
southern Nevada, Rule No. 40 states that all measures dealing with state and
local revenue go to the Committee on Taxation, notwithstanding the chapter number.
That is also true of bills going to the Committee on Finance. Bills dealing
with appropriations, notwithstanding the chapter number, go to Committee on
Finance.
We try to avoid having joint referrals. This bill was
misdirected. Senate Bill No. 21 should have gone to the Committee on Taxation.
It raises the gaming tax. That is where it belongs. It is a proper motion to
re-refer it to the proper committee.
I
note the Senator making the inquiry sits on both committees. Any bill dealing
with state and local revenue under Rule No. 40 properly is referred to the
Committee on Taxation. This was a bill that was pre-filed. It was not brought
to our attention otherwise. Ordinarily, the one who requests the bill draft is
asked what committee he or she would like the bill to go to, but it still has
to be consistent with Rule No. 40. Senator Amodei’s motion to re-refer this
bill to the Committee on Taxation is an appropriate motion and is consistent
with Rule No. 40, measures dealing with state and local revenue that overrides
the reference to a particular chapter of NRS.
Senator Amodei:
Thank
you, Madam President, the two bills we are discussing can be found in your blue
bill books in your upper left-hand drawer. Senate Bill No. 21 increases the
monthly fee for state gaming license and Senate Bill No. 66 revises provisions
governing certain agreements regarding the sale of cigarettes. Thank you.
Senator Neal:
Madam President, when this bill was introduced, I
questioned the referral. We went down to the desk and asked if that was a
proper referral. It was said that this was the proper referral for this bill.
The bill went to the Committee on Judiciary where I believe it might have
received a favorable vote. Now, we are re-referring it to a committee where we do
not know what will happen to it. Did the gaming industry come in and ask for
this referral to be made to the Committee on Taxation rather than the Committee
on Judiciary? I would like to know, given the circumstances of this bill and
the question I raised to the Secretary of the Senate as to the proper referral
of this bill whether or not it should go to the Committee on Taxation rather
than to the Committee on Judiciary.
I
recall that the Assistant Majority Leader made a comment at that time that the
bill would probably have a better chance in the Committee on Judiciary. I am
wondering if this bill now is headed to oblivion in a tax committee that has
not given favorable consideration to measures of this nature in the past. We
have lost tax bills relating to gaming in this committee before. I am wondering
whether or not it is being referred for that particular purpose.
Motion carried.
Senator Amodei moved that the motion whereby Senate Bill No. 66 was referred to the Committee on Taxation be rescinded and that it be referred to the Committee on Judiciary.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By the Committee on Natural Resources:
Senate Bill No. 75—AN ACT relating to the control of weeds; providing for the administration of a program to provide grants for the local treatment and control of invasive weeds and noxious weeds; making appropriations to carry out the program; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Finance.
Motion carried.
By the Committee on Natural Resources:
Senate Bill No. 76—AN ACT relating to water; revising the restrictions on the issuance of permits to appropriate water for the purpose of watering livestock on public grazing lands and certificates of appropriation based upon such permits; and providing other matters properly relating thereto.
Senator Rhoads moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By Senator Wiener:
Senate Bill No. 77—AN ACT relating to public safety; requiring the driver of a vehicle entering or exiting a controlled-access highway to yield to vehicles traveling on the highway; and providing other matters properly relating thereto.
Senator Wiener moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 78—AN ACT relating to affordable housing; revising requirements relating to eligibility for housing assistance; providing that the Division may develop or acquire one or more information systems; establishing the circumstances under which the Division may issue a letter of credit; increasing the permissible aggregate principal amount of the outstanding obligations of the Division; repealing the prospective expiration of certain provisions regarding assistance to finance housing; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 79—AN ACT relating to regional planning; reducing the number of meetings that the Board of the Southern Nevada Regional Planning Coalition is required to hold; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 80—AN ACT relating to county government; authorizing the board of county commissioners of a county, under certain circumstances, to adopt an ordinance providing that the office of county recorder of the county will be filled and its duties performed ex officio by another elected officer of the county; setting forth certain requirements pertaining to an officer of a county who serves ex officio as the county recorder of the county; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 81—AN ACT making an appropriation to the Aging Services Division of the Department of Human Resources for the development of statistics to determine priorities for funding programs for senior citizens and for publication of the results in a brochure entitled Nevada Elder Count; 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. 82—AN ACT relating to public health; establishing procedures for the isolation or quarantine of a person with a communicable disease; authorizing public health officials to isolate and quarantine a group of persons; requiring the State Board of Health to develop a syndromic reporting and active surveillance system for monitoring public health; expanding the exclusive jurisdiction of the family court to include proceedings for an involuntary court-ordered isolation or quarantine; 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. 83—AN ACT relating to medical professionals; expanding the circumstances under which registered nurses are authorized to dispense dangerous drugs to include dispensing such drugs to patients at certain rural clinics if the nurses are providing mental health services at the rural clinics; authorizing the State Board of Pharmacy to adopt regulations to ensure that certain safeguards, including dispensing procedures, are followed to protect registered nurses who provide mental health services to patients at certain rural clinics; 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. 84—AN ACT relating to personal care facilities; revising provisions relating to the administration of surety bonds and other obligations required of certain facilities that provide care for elderly persons; decreasing the amount of those surety bonds and other obligations; exempting certain facilities from the requirement of filing such a surety bond or depositing such an obligation in certain banks or trust companies; 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. 85—AN ACT relating to schools; providing school districts with access to information relating to the disposition of certain drug offenses for purposes of employment and discipline; 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. 86—AN ACT relating to public safety; making various changes to the manner in which an intoxicated person who is taken into custody by a peace officer is transported for purposes of receiving emergency medical services; 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 Judiciary:
Senate Bill No. 87—AN ACT relating to courts; revising the provisions pertaining to the transaction of judicial business; 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 Judiciary:
Senate Bill No. 88—AN ACT relating to civil actions; allowing a district judge to transfer certain civil actions to the justice’s court under certain circumstances; 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 Judiciary:
Senate Bill No. 89—AN ACT relating to criminal procedure; clarifying the courts that have authority to order a determination of competency of a defendant to stand trial and to take certain other actions upon a determination that the defendant is incompetent; revising the provision governing the time in which the court may order a determination of competency; 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 Judiciary:
Senate Bill No. 90—AN ACT relating to health records; providing the Administrator of the Division of Mental Health and Developmental Services of the Department of Human Resources or his designee access to certain records concerning certain defendants which are in the possession of the Department of Corrections; providing the Director of the Department of Corrections or his designee access to certain records concerning an offender which are in the possession of the Division of Mental Health and Developmental Services; 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 Judiciary:
Senate Bill No. 91—AN ACT relating to alcoholic beverages; removing the element of knowledge from the crime of selling, giving or furnishing an alcoholic beverage to any person under 21 years of age; and providing other matters properly relating thereto.
Senator Amodei moved that the bill be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 11.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Senator Townsend moved that Senate Bill No. 7 be taken from the General File and placed on the Secretary’s desk.
Remarks by Senator Townsend.
Motion carried.
remarks
from the floor
Senator Mathews requested that her remarks be entered in the Journal.
I am honored to speak, today, on the anniversary of
the 17th Annual National Girls and Women in Sports Day. We have, with us today,
student athletes from the University of Nevada as our special guests, and I
hope you have enjoyed meeting them and learning about their college studies as
well as their experiences as Division I athletes.
National
Girls and Women in Sports Day (NGWSD) was established in 1987 to call attention
to the positive influence of sports’ fitness and participation and to advance
the struggle for equality and access for women in sports. NGWSD is celebrated
in all 50 states, and it gives us an opportunity to remind our community what
Title IX has accomplished and how many women and girls it truly helps. NGWSD
also remembers Olympic volleyball player Flo Hyman for her athletic
achievements and her work to insure equality for women’s sports. Hyman died at
28 of a heart attack in 1986 while playing volleyball in Japan. The Women’s
Sports Foundation presents the Flo Hyman Award each year to an athlete who
captures Hyman’s dignity, spirit and commitment to excellence. Past recipients
include: Dr. Dot Richardson, Olympic softball standout; Lisa Leslie of the
Women’s National Basketball Association; tennis great, Monica Seles; Olympic
speed skater, Bonnie Blaire; golfer, Nancy Lopez; track and field star, Jackie
Joyner-Kersey; and Nevada’s own, Patty Sheehan.
Nawal
El Moutawakel, the 2003 Flo Hyman award recipient, became involved in sports at
the age of 15 when she began running with siblings in a small dirt stadium
track in Morocco. In her first year of competition, she broke both the boys’
and girls’ records in 80 meters, 100 meters and the 200 meters. El Moutawakel
then trained for the 400-meter hurdles, but at 5’2”, track and field skeptics
felt she was too petite to conquer the hurdles efficiently. Believing her
father’s advice that “the best gifts come in small packages,” she became ranked
in the top ten in the world in the 400-meter hurdles. She captured the gold in
the 400-meter hurdles at the 1984 Olympic games and became a heroine in
Morocco where she was honored by King Hassan. She was the first Moroccan
athlete of either sex to win Olympic gold.
A
graduate of Iowa State University, El Moutawakel received an athletic track and
field scholarship, was the National Collegiate Athletic Association 400-meter
hurdles champion and was named an all-American. At the age of 24, she retired
from competition and decided to use her image and fame to promote women in
sports. She is the first Muslim woman ever elected as a member of the
International Olympic Committee, and she, along with the world’s most legendary
sportsmen and sportswomen, such as Olympic gold medallist Nadia Comaneci and
basketball legend Michael Jordan, are global ambassadors for the Laurcus Sport
for Good Foundation, an organization dedicated to funding and promoting the use
of sport as a conduit for social change throughout the world. El Moutawakel
said, “I know that without Title IX and the opportunity to train and study, it
would have been hard for me to win the gold medal. And now that I work with the
IOC and other programs in my country and the world, I carry lessons that I have
learned, such as the value of Title IX, with me.”
As we
celebrate the strides we have made for women and girls in the State of Nevada
in advancing women in sports and in being in the forefront of Title IX
compliance, here are some interesting statistics:
1. 2000-2001 marked the 12th consecutive
record-setting year for girls’ participation in high school sports. The girls’
mark of 2,746,181 is an increase of 60,662, setting an all-time high for female
participation in sports. Girls’ participation accounted for 41 percent of high
school athletes. One of every 2.5 high school girls now participates in high
school varsity sports, compared to 1 in 27 in 1972 when Title IX was passed.
2. During 2000-2001, outdoor track and field
showed an increase of 10,361 more female athletes than the prior year, and the
sport of volleyball had an increase of 5,763.
3. Girls sports offered in Nevada high schools
include soccer, basketball, volleyball, softball, tennis, golf, track and
field, cross country, swimming and diving, water polo, and skiing.
4. University of Nevada, Las Vegas, and the
University of Nevada, Reno, now offer aspiring female high school athletes the
opportunity to attend college and participate in the following Division I
sports: basketball, volleyball, golf, tennis, swimming and diving,
cross-country, soccer, track and field, cross-country and alpine skiing, and
rifle.
5. As in men’s sports, the bond built between
girls and women through athletics helps to break down social barriers of racism
and prejudice, and the communication and cooperation skills learned play a key
role in the athlete’s contributions at home, at work and to society.
6. Girls and women’s athletics, at all levels,
is one of the most effective avenues available through which girls and women in
the United States can develop self-discipline, initiative, confidence and
leadership skills regardless of background.
7. Studies show that girls who play sports
have higher levels of self-esteem and lower levels of depression. Girls who
play sports have a more positive body image and are more likely to graduate
from high school and have better grades.
8. Sports are where boys have traditionally
learned about teamwork, goal-setting, the pursuit of excellence in performance
and other achievement-oriented behaviors. Critical skills that women and men
need for success in the workplace.
9. No law has meant more to women in sports
than Title IX. Today, there is college athletic funding and varsity sport
opportunities for over 150,000 women, and in a 2000 Wall Street Jounral/NBS
News poll, 79 percent approved of Title IX as a means to insure equal
opportunities for girls and women in high school and college athletics.
It is my hope that Nevada will continue to take the lead in
advancing women and girls in sports and that we will all embrace this year’s
theme for NGWSD, “Succeed in Sports, Lead in Life.” Please join me in saluting
the young women athletes, here with us, who are proof that success in sport
will create citizens who will lead in life.
Senator Raggio requested that his remarks be entered in the Journal.
We would like to extend our condolences to Paula Saponaro,
personal secretary for Senator Schneider, for the loss of her brother,
Thomas J. Saponaro, on Sunday.
GUESTS
EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Coffin, the privilege of the floor of the Senate Chamber for this day was extended to Lisa Kelleher.
On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to Jamie Martino.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Konnie Seamons.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Brianne Davis, Mary Conklin, Anita Sullivan, Cecilia Rosenauer, Linda Thomson, Wendy Damonte and Chris Ault.
On request of Senator Shaffer, the privilege of the floor of the Senate Chamber for this day was extended to Alyse Brush.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Jessica Zarndt.
On request of Senator Townsend, the privilege of the floor of the Senate Chamber for this day was extended to Megan Jones.
On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to Stephanie Tietjen and Janine Bodo.
Senator Raggio moved that the Senate adjourn until Wednesday, February 12, 2003, at 11 a.m.
Motion carried.
Senate adjourned at 12:05 p.m.
Approved: Lorraine
T. Hunt
President of the Senate
Attest: Claire J. Clift
Secretary of the Senate