THE SIXTEENTH DAY
Carson City (Tuesday), February 18, 2003
Senate called to order at 11:20 a.m.
President Hunt presiding.
Roll called.
All present except Senator Neal, who was excused.
Prayer by the Chaplain, Reverend Bruce Henderson.
God, on this the 75th anniversary of the Nevada Bar Association,
we come before Your Holy Court. I have heard that You tell us in the Bible to
not be afraid no less than 365 times. “Fear not.” We need that reminder on a
daily basis for we are under an “orange alert.” Some of our people are out
hoarding food and buying plastic sheeting and duct tape.
Yet, You say, “Fear not.” Teach us to trust You more and in the
words of Jesus, to “not be afraid any longer, only believe.” (Mark 5:36)
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 Government Affairs, to which was referred Senate Bill No. 6, has
had the same under consideration, and begs leave to report the same back with the
recommendation: Do pass.
Ann O'Connell, Chairman
Madam
President:
Your
Committee on Judiciary, to which were referred Senate Bills Nos. 88, 89, has
had the same under consideration, and begs leave to report the same back with
the recommendation: Do pass.
Also,
your Committee on Judiciary, to which was referred Senate Bill No. 87, has had
the same under consideration, and begs leave to report the same back with the
recommendation: Do pass, and place on Consent Calendar.
Mark E. Amodei, Chairman
MESSAGES
FROM THE ASSEMBLY
Assembly
Chamber, Carson
City, February 17, 2003
To the
Honorable the Senate:
I
have the honor to inform your honorable body that the Assembly on this day
passed Assembly Bills Nos. 10, 22, 38, 39.
Also,
I have the honor to inform your honorable body that the Assembly on this day
adopted Senate Concurrent Resolution No. 8.
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 Buckley, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, 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, Weber and Williams:
Senate Concurrent Resolution No. 9—Commemorating the 75th anniversary of the State Bar of Nevada and designating February 18, 2003, as “State Bar of Nevada Day.”
WHEREAS,
The State Bar of Nevada had its humble beginnings in 1911 with
the establishment of the Nevada Bar Association as a private organization of
lawyers from all parts of the State; and
WHEREAS,
In 1928, legislation was requested to incorporate the State Bar of Nevada by a
special act of the Legislature as a public corporation, which resulted in a
series of events that would change the governing organization of lawyers in
this state forever; and
WHEREAS,
On January 31, 1928, upon the signature of then Governor Fred B. Balzar, the
State Bar of Nevada was created as a public corporation to govern the legal
profession in this state subject to the exclusive jurisdiction and control of
the Supreme Court of Nevada; and
WHEREAS,
The State Bar of Nevada grew from 345 members when first created to over 7,000
members in this 75th anniversary year; and
WHEREAS, Since its founding, the State
Bar of Nevada has promoted and maintained the highest professional and ethical
standards for all persons involved in the practice of law; and
WHEREAS,
The State Bar of Nevada, through its Admissions, Discipline, Character and
Fitness, and Continuing Legal Education programs, has striven to allow only the
most qualified professionals to provide legal counsel, assistance, and representation
to the residents of this state and has kept its members abreast of the most
current information relating to the legal profession through its magazine,
“Nevada Lawyer”; and
WHEREAS, Included among the members of
the State Bar have been many outstanding legal practitioners and judges, 8
Governors of the State of Nevada and 10 United States Senators, and a host of
business and civic leaders; and
WHEREAS,
The members of the State Bar through their pro bono programs provide
valuable free legal assistance and representation to thousands of Nevadans; and
WHEREAS, The State Bar of Nevada is
dedicated to continuing to build upon its activities of the past 75 years to
guide the legal profession with programs to help lawyers provide high quality
service to their clients and education to the general public; 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 do hereby commemorate the State Bar of Nevada on its
75th anniversary as an organization dedicated to making the future better and
designate February 18, 2003, as “State Bar of Nevada Day” at the Nevada
Legislature; and be it further
RESOLVED, That the State Bar of Nevada is
hereby commended for its efforts in ensuring that the residents of Nevada are
provided with only the best and most knowledgeable legal assistance, in
fostering public confidence in the rule of law, in promoting the collegiality
and professionalism of its members, and in encouraging and overseeing a variety
of public service activities; and be it further
RESOLVED,
That the State Bar of Nevada is hereby urged to continue encouraging altruism
by and among members of the legal profession and to continue championing full
and equal access to our system of justice for all people; and be it further
RESOLVED, That the Secretary of the Senate
prepare and transmit a copy of this resolution to Gloria J. Sturman, President,
N. Patrick Flanagan III, President-Elect, and Ann Price McCarthy, Vice
President, of the State Bar of Nevada.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio and Rawson.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Raggio:
Thank you, Madam President. Today marks the 75th anniversary of
the State Bar of Nevada. Today is designated “State Bar of Nevada Day.” We are
honored to have representatives of the State Bar of Nevada here with us as
guests. We have had 75 years of an organized bar in this State, and it is
fitting the Legislature note this occurrence.
When I first came to the Senate,
we had 20 Senators and of those, 11 were lawyers and a large number of the
Assembly members were lawyers. I know some of my colleagues might think it is a
good idea that now we have less.
We operate as a country under the rule of law. When you look
around the world today with some of the conflicts we see, we could only wish
that the rule of law as observed in this country could exist in other
countries.
We know people often criticize lawyers, but do you realize that
without lawyers in this country, there would be no litigation? We have many
jokes about lawyers, but those of us in the profession share the feeling that
it is an education hard earned requiring a great deal of time, commitment and
effort. We take an oath as lawyers, and throughout our lives, we continue to
feel an obligation to honor that oath. In our profession, we deal with people’s
lives and property. We protect them, defend them and create an environment
wherein we can continue to be a government of the people, by the people and for
the people. This is what the rule of law is all about. The legal profession is
dedicated to that effort.
Through
the years in the State of Nevada, we have had significant examples of the
dedication to that effort by lawyers of this State. As indicated in the
resolution, we have had eight Governors, ten United States Senators and
numerous business and civic leaders who were members of the Nevada State Bar. I
ask the Senate to join with the members of the Assembly to honor the legal
profession and the commitment made by those who are privileged to serve as
officers and members of the Board of the State Bar of Nevada and to recognize
organized law for the great commitment it has made to the future of this State.
Senator Rawson:
Thank you, Madam President. We recognize three
classical professions: law, medicine and the clergy. We owe a great debt to the
legal profession because of the basis of law. Our language and much of our
culture has survived the Dark Ages because of these three great professions. I
add my note of congratulations and honor to this special occasion.
Resolution adopted.
Senator Raggio moved that all rules be suspended and that Senate Concurrent Resolution No. 9 be immediately transmitted to the Assembly.
Motion carried unanimously.
Resolution ordered transmitted to the Assembly.
INTRODUCTION, FIRST READING AND REFERENCE
By Senator Townsend:
Senate Bill No. 139—AN ACT relating to real estate; making various changes to provisions governing certain real estate practices; revising provisions relating to certain civil actions brought against real estate brokers, real estate broker-salesmen and real estate salesmen; revising provisions which require real estate broker-salesmen and real estate salesmen to disclose in certain advertisements the name of the brokerage with whom they are associated; revising provisions relating to brokerage agreements which provide for exclusive agency representation; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Townsend:
Senate Bill No. 140—AN ACT relating to municipal obligations; revising provisions governing the acquisition by a county or this state of municipal obligations issued by a water authority organized as a political subdivision created by cooperative agreement; and providing other matters properly relating thereto.
Senator Townsend moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 141—AN ACT relating to local government finance; revising provisions relating to the investment by certain local governments of collateral obtained by the local government in exchange for lending securities from its investment portfolio; revising provisions relating to the investment and reinvestment by certain municipalities of the proceeds of bonds or other municipal securities; 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. 142—AN ACT relating to land use planning; authorizing the governing body of a local government to enact an ordinance requiring at least a two-thirds majority vote of the total membership of the governing body to adopt or amend a master plan; 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. 143—AN ACT relating to county government; authorizing the board of county commissioners or county manager, as applicable, of certain counties to appoint a public property trustee to perform the duties that would otherwise be performed by the public administrator 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 Government Affairs:
Senate Bill No. 144—AN ACT relating to the Division of State Parks of the State Department of Conservation and Natural Resources; authorizing, under certain circumstances, the Administrator of the Division to charge and collect a fee for administering certain federal grants for the planning, acquisition or development of outdoor recreational projects; authorizing the Division to enter into cooperative agreements with certain political subdivisions of this state to establish and maintain certain parks; 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. 145—AN ACT relating to counties; authorizing a board of county commissioners to create by ordinance the same offenses punishable as misdemeanors by statute and to provide for a civil penalty in lieu of a criminal penalty for violations of ordinances in certain circumstances; authorizing a board of county commissioners to exercise certain additional powers under certain circumstances; revising the uses of and interests in federal land that a board of county commissioners may apply for and accept; 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. 146—AN ACT relating to governmental purchasing; exempting from the requirements of competitive bidding an agreement between a local government and a vendor of supplies, materials or equipment that has entered into an agreement with the General Services Administration or another governmental agency located within or outside this state; authorizing a local government to join or use contracts of another state or its subdivisions; 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. 147—AN ACT relating to ethics in government; requiring certain public officers to submit electronically to the Commission on Ethics a list of public officers and candidates for public office; revising the prohibition against a public officer or employee using his position in government to secure or grant unwarranted privileges, preferences, exemptions or advantages for certain persons; removing a duplicative provision relating to the disclosure of certain conflicts of interest; removing certain deadlines related to investigations and determinations concerning ethics violations; eliminating the authority of the Commission to impose a civil penalty against a person who submits to the Commission a false accusation or information in bad faith or with a vexatious purpose; revising the provisions governing the filing of statements of financial disclosure; repealing the provision prohibiting a person from making, using, publishing or disseminating a false, deceptive or misleading statement to induce the Commission to render an opinion or take action relating thereto; 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. 148—AN ACT relating to the Legislature; providing for joint legislative requesters on the list of requests for the preparation of legislative measures published by the Legislative Counsel; and providing other matters properly relating thereto.
Senator O'Connell moved that the bill be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
By Senators Schneider, Carlton, Nolan, Amodei, Care, Coffin, Hardy, Neal, Shaffer, Titus, Washington; Assemblymen Knecht, Beers, Atkinson, Collins, Giunchigliani, Goicoechea, Goldwater, Koivisto, Manendo, McClain, Parks, Pierce and Weber:
Senate Bill No. 149—AN ACT relating to the Department of Motor Vehicles; authorizing the Director of the Department to enter into an agreement with a private entity for the placement of advertisements in certain areas of a building owned or occupied by the Department; requiring a private entity that enters into such an agreement to ensure that the advertisements do not cause disruption; requiring that the proceeds of such advertisements be distributed to school districts and charter schools for the support of courses in automobile driver education; authorizing the Director to adopt certain regulations; and providing other matters properly relating thereto.
Senator Schneider moved that the bill be referred to the Committee on Transportation.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 150—AN ACT relating to school property; authorizing a school district to sell or lease certain real property for less than the appraised value under certain circumstances; 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. 151—AN ACT relating to health care; making an appropriation to WestCare Nevada for the establishment of a mental health component for a community triage center in Clark County; 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. 152—AN ACT making an appropriation to the University and Community College System of Nevada for the renovation of the former Mesquite High School for use as part of the Community College System; 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. 153—AN ACT making an appropriation to the Nevada Center for Ethics and Health Policy for the training of state and local leaders and health care providers regarding the human and ethical aspects of bioterrorism; 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. 154—AN ACT making an appropriation to the Great Basin College of the University and Community College System of Nevada for the establishment of an oral health clinic in Elko; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Finance.
Motion carried.
By Senator Tiffany:
Senate Bill No. 155—AN ACT relating to securities; making various changes to the provisions governing the registration of securities by a development stage company; and providing other matters properly relating thereto.
Senator Tiffany moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Titus and Assemblywoman Buckley:
Senate Bill No. 156—AN ACT relating to health care; providing an additional exception to the prohibition against a practitioner referring patients to certain facilities in which the practitioner has a financial interest; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By Senator Rawson:
Senate Bill No. 157—AN ACT relating to highways; requiring certain trucks and combinations of vehicles to be driven in the extreme right lanes of certain highways; providing exceptions; providing a penalty; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Senator Rawson:
Senate Bill No. 158—AN ACT relating to gaming; revising the standards for designation of gaming enterprise districts in certain locations; and providing other matters properly relating thereto.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Rawson:
Senate Bill No. 159—AN ACT relating to education; deleting the authority of the Western Interstate Commission for Higher Education to adopt certain regulations; revising certain references to the members of the Commission from the State of Nevada; 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. 160—AN ACT relating to civil actions; providing that an action for personal injury must involve a physical injury that is manifest and ascertainable; 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. 161—AN ACT relating to statutory liens; removing the requirement that a lien claimant give written notice to the Department of Motor Vehicles regarding the satisfaction of a lien on an aircraft, aircraft equipment or aircraft parts; 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. 162—AN ACT relating to county clerks; authorizing county clerks to charge and collect an additional fee to pay for the acquisition and improvement of technology used in the office of the county clerk; increasing the amount of certain court fees charged and collected by county clerks; and providing other matters properly relating thereto.
Senator Amodei moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 10.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 22.
Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
Assembly Bill No. 38.
Senator Rawson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Assembly Bill No. 39.
Senator Rawson moved that the bill be referred to the Committee on Legislative Affairs and Operations.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 8.
Bill read second time.
The following amendment was proposed by the Committee on Commerce and Labor:
Amendment No. 4.
Amend section 1, page 1, line 5, by deleting:
“or creates a condition that causes”.
Amend
the title of the bill by deleting the first through third lines and inserting:
“AN
ACT relating to occupational safety; increasing the penalty for”.
Amend
the summary of the bill to read as follows:
“SUMMARY—Increases
penalty for certain punishable conduct by employer leading to death of
employee. (BDR 53‑298)”.
Senator Townsend moved the adoption of the amendment.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 63.
Bill read second time and ordered to third reading.
Senate Bill No. 70.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 3.
Amend
section 1, page 1, line 7, by deleting “$280,000”
and inserting “$200,000”.
Amend
sec. 2, page 2, lines 41 and 45, by deleting “$280,000,” and inserting “$200,000,”.
Amend
sec. 2, page 3, lines 9, 11 and 14, by deleting “$280,000” and inserting “$200,000”.
Amend sec. 3, page 4, line 11, by deleting “$280,000,” and inserting “$200,000,”.
Amend
sec. 4, page 7, line 14, by deleting “$280,000”
and inserting “$200,000”.
Amend
sec. 5, page 9, line 6, by deleting “$280,000,”
and inserting “$200,000,”.
Senator Amodei moved the adoption of the amendment.
Remarks by Senator Amodei.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 17.
Bill read third time.
Roll call on Senate Bill No. 17:
Yeas—20.
Nays—None.
Excused—Neal.
Senate Bill No. 17 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senate Bill No. 57.
Bill read third time.
Roll call on Senate Bill No. 57:
Yeas—20.
Nays—None.
Excused—Neal.
Senate Bill No. 57 having received a constitutional majority, Madam President declared it passed, as amended.
Bill ordered transmitted to the Assembly.
Senator Raggio moved that the Senate recess until 4:45 p.m.
Motion carried.
Senate in recess at 12:06 p.m.
SENATE IN SESSION
At 4:56 p.m.
President Hunt presiding.
Quorum present.
MOTIONS, RESOLUTIONS AND NOTICES
The Sergeant at Arms announced that Assemblymen Horne and Andonov were at the bar of the Senate. Assemblyman Horne invited the Senate to meet in Joint Session with the Assembly to hear Senator Harry Reid.
Madam President announced that if there were no objections, the Senate would recess subject to the call of the Chair.
Senate in recess at 4:57 p.m.
IN JOINT SESSION
At 5:03 p.m.
President Hunt presiding.
The Secretary of the Senate called the Senate roll.
All present except Senator Neal, who was excused.
The Chief Clerk of the Assembly called the Assembly roll.
All present except Assemblywoman Angle and Assemblyman Gustavson, who were excused.
Madam President appointed a Committee on Escort consisting of Senator Wiener and Assemblywoman Pierce to wait upon the Honorable Senator Harry Reid and escort him to the Assembly Chamber.
Senator Reid delivered his message as follows:
Message
to the Legislature of Nevada
Seventy-second
Session, 2003
Lieutenant
Governor Hunt, Speaker Perkins, Majority Leader Raggio, my fellow Legislators,
friends and guests:
Being here
provides a valuable opportunity to share ideas and insights and to discuss our
common goal: how to meet the needs and protect the interests of Nevadans. Over
the past 18 months, our State and, of course, our Nation have experienced
tragedy and loss. Our great Nation will never be the same. Most recently, we
were all stunned by the space shuttle Columbia disaster. The six Americans and
one Israeli stood for courage, science and a vision of the future. Into the
heavens they soared. In heaven, they now reside. As we remember these astronauts,
we think of Commander McCool, and we express our condolences to Willie’s
parents, Audrey and Barry, who live and work in Nevada. They are with us today,
please stand. Despite our Nation’s sorrows, struggles and losses, we have hope,
hope for the future.
Today, as
the threat of terrorism remains high and war in Iraq looms, Americans,
including Nevadans, are understandably concerned about homeland security. But I
believe our anxiety, our hope, is about something closer, something even more
personal. That is our families, our neighborhoods, our schools, our future, our
hometown security.
Nevadans
are on the frontlines of hometown security. The service members being trained
at our State’s military installations protect not only Nevada but all of
America. We are grateful for the selfless service of Lieutenant Colonel Burt
Bartley and First Lieutenant Thomas Cahill, both of Nellis Air Force Base who
were recently awarded the Silver Star for their heroism in combat in
Afghanistan. While their actions were extraordinary, these two pilots
illustrate the bravery and patriotism that exists in Nevada. Fallon Naval Air
Station remains the Nation’s premier tactical air-warfare training facility,
and the brave men and women there stand ready to serve and sacrifice for our
country. Let us also remember that David Brown, a Navy captain, aviator and
flight surgeon, who was part of the lost Columbia shuttle crew, was an
instructor at Fallon.
Without
question, our National Guard and Reserve forces are also important to our
Nation’s defense. I know the call‑ups and deployments are difficult for
their families, their communities and their employers. But these courageous
citizen soldiers have answered the call. They play unique roles, as shown by
the recently called‑up National Guard Medical Evacuation Unit from
northern Nevada. We are proud of all and will support them and others who serve
in our Nation’s military.
The
civilians and contractors supporting our armed services must also be
recognized. For example, think of the work being done at Hawthorne Army Depot,
by teams of civilians who help this military machine run so smoothly. Whether
in Afghanistan or Iraq, no matter the place, the pilots and other personnel
based in Nevada and the ammunition stored here are integral to America’s
readiness, defense and security. For the security of our hometowns, and to
eliminate the threat of weapons of mass destruction in the hands of a brutal
dictator, it might soon be necessary to send American forces into Iraq. I was
the first Democrat to support, publicly, the first President Bush in the
invasion of Iraq more than a decade ago, and I voted for the resolution giving
this President authority to remove the evil Saddam Hussein. Let’s all pray for
no war, and if war, a very speedy resolution of the hostilities.
In addition
to having a strong military, hometown security requires us to become less
dependent on oil from across the oceans. That is why we must develop renewable
energy sources and produce energy from the wind, the sun and from the
geothermal depths of the earth. Nevada and our Nation have had some support
from Congress in expanding renewable energy but more is needed, and a
bipartisan coalition is so engaged.
Hometown
security also requires a progressive, dynamic, state of the art program to
modernize our infrastructure. Nevada and the rest of the Nation need new
schools, renovated schools, updated water works, new sewer systems and updated
highways and roads. Prior to September 11, the National Council of Mayors had
unanimously endorsed my American Marshall Plan. This is legislation to have the
federal government begin a massive public works program to address the needs
I’ve outlined. It is now being revived. Such a program has many benefits, not
the least of which is the creation of 42,000 high paying jobs for every billion
dollars of investment.
“Whiskey is
for drinking; water is for fighting.” This statement by one time Nevadan Mark
Twain is truer than ever. Worldwide and in Nevada, that is what we
address—water. Water is a problem. That is why I have spent so much time on the
historic federal legislation now called the Negotiated Settlement. It is now 98
percent implemented, settling the one hundred year water war between the states
of California and Nevada. It involved two Indian tribes, two endangered
species, the cities of Reno and Sparks, the Tahoe-Carson Irrigation District
and Nevada’s largest wetlands. That’s why this Legislature must be aware of the
Walker River system’s problems. They exist. We must address them. This
situation, for which the federal government has appropriated $200 million, must
be resolved.
I commend Pat Mulroy, the General Manager of
the Southern Nevada Water Authority, for her persistent and erudite advocacy on
the part of the State of Nevada to obtain a fair share of the Colorado River. I
publicly thank each of you for your work protecting Nevada’s jewel of unmatched
brilliance, Lake Tahoe. We have much, much more to do to save this place that
Mark Twain referred to as “the fairest place in all the Earth.”
Our economy, like our environment, is
fragile and in trouble. Deficits have returned and are now the largest in the
history of the world. Our surplus has disappeared. We need an immediate tax cut
directed at the middle class. This would stimulate the economy yet have no
long-term Legislators―unfunded mandates in the guise of federal
legislation to protect and assist the impact on the deficit. Washington has
imposed new burdens on our State and on you as states. “Leave No Child Behind”
is good in theory, but without federal financial support, it’s leaving many
children behind. The consolidation of agencies to create the Department of
Homeland Security and other Homeland Security legislation, unfortunately, has
created insecurity at home because of the lack of federal resources that were
known to be necessary when these pieces of legislation passed. These are two of
the reasons you are facing a financial crisis here at home as are 46 other
states.
The Joshua trees that I see from my window
in Searchlight, the alpine meadows that I view as I travel to Lake Tahoe and
the rest of our rich Nevada environment are fundamental to our concept of what
makes our State so special. I join with you in working together to protect all
of Nevada’s 75 million acres. Two hallmark pieces of legislation that passed
during the last Congress boost hometown security for Nevada citizens and defend
Nevada’s interests. The Southern Nevada Public Lands Act moved land from the
federal government to the cities of North Las Vegas, Las Vegas, Henderson and,
of course, Clark County. It provided for economic development, including the
national imperative of the airport at Ivanpah, along with protecting hundreds
of thousands of acres of pristine wilderness. This will enhance Nevada for
generations to come. In addition, we have provided a safe, secure place for gun
enthusiasts and other sportsmen as well as law enforcement officers to practice
their weaponry. The rapid growth of the metropolitan Las Vegas area has
encroached on their facilities. But now Nevada will have the premier shooting
range in the entire country—three thousand acres for target shooting and other
recreational purposes. This law passed, literally, in the last few minutes of
the 107th Congress.
This great building and its predecessor, the
State Capitol, have been part of my home for 37 years. The State of
Nevada’s past has been directed by men and women who have served in the Nevada
Assembly and the Senate: B. Mahlon Brown, Floyd Lamb, Jim Gibson, Austin Bowler,
Carl Dodge, Mack Fry, Art Espinoza, Richard Bryan, Eileen Brookman, Flora
Dungan, Snowy Monroe, Joe Vianni, Tim Hafen, Margie Foote, Lawrence Jacobsen,
Woodrow Wilson, Mary Frazinni and, of course, the great Joe Dini. These are
just a few names that came across my mind as I prepared these remarks. There
are many others, Democrats and Republicans who contributed to the public good
by being good public servants. Each of you are so engaged, and I congratulate
you.
I believe that term limits for the State
Legislature are bad. Gordon Smith, a United States Senator now from the state
of Oregon, was president of the Oregon State Senate. He worked hard to get term
limits passed in the State of Oregon. I asked Gordon if I could use what he
told me. He said, “Absolutely, I believe in it strongly.” He said it was one of
the biggest mistakes he ever made. He said, “term limits dumb down the
legislature.” You folks should join together and change the Constitution and
get rid of these term limits. You are the only ones that can do it, and you
should do it. You as a body should join together, as I’ve said, to change this.
The only term limit that is good is a vote of the people. This is totally
different than term limits for the Executive Branch. They are two totally
different concepts.
A few years ago, I addressed this body and
used a child’s backpack as a visual aid. It contained the classroom tools and
technology of the future. It had a computer, a compact disk player, a cell
phone and other things. Understand, though, that the future is now. You as
Legislators have no more urgent duty than to provide the resources for each
child in Nevada to grow into the adult he or she dreams to be. These are hopes
every parent shares.
Congresswoman Shelley Berkley and I have
been political allies for all of her adult life and most of mine. She is doing
a fine job in my old Congressional seat. I also express admiration for Governor
Guinn, a man who has set an example for public service. An accomplished
educator and businessman, he entered public service somewhat later in life. He
has done well. I especially congratulate him on his unyielding battle against
the corporate and bureaucratic giants trying to bury nuclear waste in Nevada. I
also appreciate his recognition of Nevada’s financial woes and his courageous
efforts to lessen Nevada’s huge deficit.
Dean Heller is a model for a successful
Secretary of State. He has gained national recognition for his insight and his
dedication. When Congress passed election reform last year, he was one of a
handful of secretaries of state to confer often with Chairman Chris Dodd, the
author of the legislation. You should also closely review his new legislative
initiative to increase the ease and accessibility of voting for Nevadans.
Turnout in our State is low, very low. Registration is difficult. For no good
reason, a Nevada citizen is prevented for registering for an extended period
prior to a primary or general election. Modern technology, as shown in many
other states, prevents fraud and allows people to register when their attention
to campaigns and interest in an election’s outcome are the highest. Only you
can change this, and I hope you do.
The Gibbons family has made politics a
family affair. Congressman Gibbons is a national leader, having been the lead
sponsor in the House of the Homeland Security legislation. He is also on the
forefront of our Nation’s intelligence gathering efforts, which are so
important to what is going on today, situated as he is on the exclusive House
Intelligence Committee. Dawn Gibbons is not only a good legislator but also a
friend and adviser to both Landra and to me.
John Ensign and I had one of the closest
elections in the history of the State of Nevada. In spite of that difficult
campaign and the tension that ensued, we have developed the closest working
relationship in the history of Nevada’s United States Senate delegations.
Senator Ensign has been a pleasure to work with.
Each of you is a role model: a model for
public service and a model for good government. As I look out on this audience
and review the roster of State Legislators, I see how diverse we are as a
state. This Legislature is composed of men and women, Jews, Catholics,
Protestants and Mormons. People from the north and south of our State. Rural
Nevada is represented. Many different ethnic backgrounds are present. But no
person in Nevada has better represented our diversity, our growth and the value
of educational excellence than Miss Nevada, Teresa Benitez. Teresa, please
stand. Teresa you have done such a wonderful job representing the State of
Nevada that your legacy will be here for a long time. Keep up the good work.
It is an honor to serve the people of the State of Nevada. I am
truly a fortunate man, even blessed, to have had the opportunity to serve as a
city attorney, a county board chairman, an Assemblyman, Lieutenant Governor,
chairman of the Gaming Commission, a member of the House of Representatives and
now a United States Senator. Every day I go to work so excited about what I’m
about to do so honored to be able to serve the people of the State of Nevada in
the United States Senate. I come home at night tired, but I’m so glad to have
the option to do what I did earlier that day. I want each of you to know that
this is a great experience, to return to the Legislature. I have so many fond
memories about the things that I did here with some of you. I close by saying
that we all as Legislators can make the State a better place. Working together
can be even better than what we can do alone. I look forward to working with
you. Thank you very much for allowing me to speak to you today.
Senator Care moved that the Senate and Assembly in Joint Session extend a vote of thanks to Senator Reid for his timely, able and constructive message.
Motion carried.
The Committee on Escort escorted Senator Reid to the bar of the Assembly.
Senator Carlton moved that the Joint Session be dissolved.
Motion carried.
Joint Session dissolved at 5:29 p.m.
SENATE IN SESSION
At 5:33 p.m.
President Hunt presiding.
Quorum present.
GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Cegavske, the privilege of the floor of the Senate Chamber for this day was extended to Sheriff Bill Young.
On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to Leslie Hunewill, Rachel Gattuso, Morgan Tucker and Ashlee Hicks.
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Gloria J. Sturman, N. Patrick Flanagan, III; Caroline Flanagan, Ann Price McCarthy, Bruce T. Beesley, James W. Bradshaw, Rew R. Goodenow, Bridget Robb Peck, Richard Morgan, Allen W. Kimbrough, Esq.; Robert Crowell, Valerie P. Cooke, Addie Cooke, Keith Lee, Ben Graham and former Senator Coe Swobe.
Senator Raggio moved that the Senate adjourn until Wednesday, February 19, 2003, at 11 a.m.
Motion carried.
Senate adjourned at 5:34 p.m.
Approved: Lorraine T. Hunt
President
of the Senate
Attest: Claire J. Clift
Secretary of the Senate