THE THIRTY-NINTH DAY
Carson City (Thursday), March 13, 2003
Senate called to order at 11:21 a.m.
President Hunt presiding.
Roll called.
All present.
Prayer by the Chaplain, Pastor Patrick Propster.
With unrelenting perseverance, this Senate and Assembly will
continue to move through this Legislative Session.
Lord, we humbly ask that You would provide strength and health to
each of them and their families.
In lavished measure, please impart wisdom, which is the sound
understanding of knowledge and the right use of it.
We also pray for proper rest, which is obtained by keeping the
Sabbath holy so that each of these dedicated people would be at their best for
You and the people of the great State of Nevada.
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 Human Resources and Facilities, to which were referred Senate
Bills Nos. 31, 35, 68, 96, 138, 150, 159, has had the same under consideration,
and begs leave to report the same back with the recommendation: Do pass.
Also,
your Committee on Human Resources and Facilities, to which was referred Senate
Bill No. 34, has had the same under consideration, and begs leave to report the
same back with the recommendation: Re-refer to the Committee on Finance.
Raymond D. Rawson, Chairman
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 Oceguera, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams:
Senate Concurrent Resolution No. 17—Congratulating Dr. Charles R. Goldman for being selected as the recipient of the Nevada Medal given by the Desert Research Institute and sponsored by SBC.
Whereas,
Reversing decades of misuse and striving to preserve the pristine quality of
Lake Tahoe is of great importance to the residents of the State of Nevada; and
Whereas,
The recipient of the 2003 Nevada Medal is Dr. Charles Goldman, whose
single-most important and sustained contribution is the 44 years he has spent
conducting research on Lake Tahoe, which has ultimately increased scientific
attention to the plight of the Lake over the past decade; and
Whereas,
After receiving his Ph.D. from the University of Michigan in Limnology and
Fisheries in 1958, Dr. Goldman joined the faculty at the University of
California, Davis, where he remains a Professor in the Department of
Environmental Science and Policy and serves as Director of the Tahoe Research
Group; and
Whereas,
Through his research, most notably at Lake Tahoe, Castle Lake in California and
Lake Baikal in Siberian Russia, Dr. Goldman has proven himself to be an
influential and authoritative figure in the science of lakes and other
freshwater bodies, what he tirelessly calls “the queen of the ecological
sciences”; and
Whereas,
In 1967, the College of Agricultural and Environmental Sciences at the
University of California, Davis, established the Tahoe Research Group, headed
by Dr. Goldman, in an effort to reverse the deterioration of Lake Tahoe and
eliminate the threat to the Lake’s future; and
Whereas,
Dr. Goldman’s work recently included development of artificial wetlands and
research on alternatives to conventional road salt for de-icing highways, and
while continuing to pursue basic research on lake dynamics, Dr. Goldman has
also been able to translate his findings directly to state, national and
international policy decisions; and
Whereas,
Among his many prestigious awards, Dr. Goldman was awarded a Senior Postdoctoral
Fellowship from the National Science Foundation in 1964, in 1967 the “Goldman
Glacier” in Antarctica was named after him, and his most prestigious award to
date was received in 1998, the Albert Einstein World Award of Science, awarded
annually to a single individual by a group of eminent scientists in recognition
of scientific and technological achievements that have advanced scientific
understanding and benefited humanity; and
Whereas,
During his long tenure at the University of California, Davis, Dr. Goldman
served as the Chairman of the Division of Environmental Studies from 1988 to
1992, was the founding Director of the Institute of Ecology, serving from 1966
to 1969 and again from 1990 to 1992, and in 1993 Dr. Goldman was chosen as
Faculty Research Lecturer, the highest honor for campus faculty; and
Whereas,
In addition to being recognized for his passion for freshwater research,
Dr. Goldman is also known as a valuable mentor to the students at the
University of California, Davis, having mentored approximately 90 graduate
students and 30 postdoctoral researchers; and
Whereas,
The Nevada Medal is an honor conferred by the Desert Research Institute of the
University and Community College System of Nevada and sponsored by SBC in
recognition of outstanding scientific, engineering and technical achievement;
and
Whereas,
Dr. Goldman’s continuing contributions to the area of freshwater research, and
more specifically his commitment to improving the water quality of one of our
greatest natural resources, Lake Tahoe, have been recognized, and he is being
honored this year as the recipient of the Nevada Medal; 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 hereby congratulate Dr.
Charles Goldman for being named the recipient of the 2003 Nevada Medal given by
the Desert Research Institute; and be it further
Resolved,
That SBC is hereby commended for its continued sponsorship of this medal, which
offers well-deserved recognition to persons who have demonstrated outstanding
scientific, engineering and technical achievements; and be it further
Resolved,
That the residents of Nevada will long be grateful to Dr. Goldman for his
efforts and commitment to improving the water quality and beauty of Lake Tahoe;
and be it further
Resolved, That the Secretary of the Senate prepare and transmit a
copy of this resolution to Dr. Charles R. Goldman.
Senator Raggio moved the adoption of the resolution.
Remarks by Senators Raggio, Neal and Rawson.
Senator Raggio requested that the following remarks be entered in the Journal.
Senator Raggio:
Thank you, Madam President. It has been a tradition
in the Senate during the years when the Legislature is in session to recognize
the distinguished recipients of the Nevada Medal which is the medal given
through the Desert Research Institute and sponsored by Southwest Bell
Corporation (SBC), formerly Nevada Bell.
We are pleased, today, to recognize the efforts and the
distinguished career of Dr. Charles Goldman. During his career, he has spent
the past 44 years researching the clarity of Lake Tahoe. He was the recipient
of the prestigious Albert Einstein World Award of Science in 1998. This is the
sixteenth year we have proudly given the Nevada Medal to a world-renowned
scientist. Dr. Goldman is most deserving of this award.
I would like to note that last month Dr. Goldman and his
colleagues reported that Lake Tahoe is the clearest it has been in 10 years.
They used a white plate to measure the distance under which the plate can be
seen. This time the distance measured approximately 78 feet. The good result
goes mainly to the efforts of Dr. Goldman who was the first to call this issue
to the State’s attention and to reverse a 40-year decline in the clarity of
Lake Tahoe, one of our most precious natural assets.
I am
proud we are able to recognize Dr. Goldman for his achievements, his commitment
and his dedication to his field of science and to join with our colleagues in
the Assembly to recognize him. He will be awarded the medal at a dinner tonight
in Reno, having already been recognized in Las Vegas. Please join with me in
extending our congratulations and to commend SBC for their continued
sponsorship of this important award.
Senator Neal:
Thank you, Madam President. I rise in support of
this resolution. I have been here a while and have served on committees to
institute some of Dr. Goldman’s work on Lake Tahoe.
In the
1970s, we took on the difficult process of renegotiating the compact with
California. It took many months and included a special session. It was during
that period when I served as chairman of the Natural Resources Committee that I
was introduced to Dr. Goldman’s work to preserve Lake Tahoe. It is considered
one of the most pristine lakes in the United States along with Castle Lake in
California and Lake Baikal in Russia. We should preserve these lakes for the
many generations to come. Because of the work of Dr. Goldman, we will continue
to keep Lake Tahoe clear and to retain its beauty. My congratulations to you,
Dr. Goldman.
Senator Rawson:
Thank you, Madam President. In 1959, I started my
undergraduate work at Nevada Southern University, now known as the University
of Nevada, Las Vegas. There was a new professor in Ichthyology, Dr. Jim Deacon.
I spent 40-credit hours surveying every body of water in southern Nevada that
was bigger than a 5-gallon bucket. We were taught to look at the Davis program
as the best program in the country. It set an example. It is a pleasure and an
honor to be here to recognize the work of those who we looked up to when I
started.
Resolution adopted.
Senator Raggio moved that all rules be suspended and that Senate Concurrent Resolution No. 17 be immediately transmitted to the Assembly.
Motion carried unanimously.
Resolution ordered transmitted to the Assembly.
Senate Concurrent Resolution No. 10.
Senator Washington moved the adoption of the resolution.
Remarks by Senator Washington.
Resolution adopted.
Resolution ordered transmitted to the Assembly.
Senator Rawson moved that Senate Bill No. 34 be re-referred to the Committee on Finance.
Remarks by Senator Rawson.
Motion carried.
Senator Raggio moved that Senate Bill No. 137 be taken from the Second Reading File and placed on the Secretary’s desk.
Remarks by Senator Raggio.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Senator Schneider:
Senate Bill No. 269—AN ACT relating to domestic relations; providing that a reduction of 25 percent or more in the gross monthly income of a person who is ordered to pay alimony or who is subject to an order for support of a child shall be deemed to constitute changed circumstances requiring the modification of the payments of alimony or the order for support of a child; and providing other matters properly relating thereto.
Senator Schneider moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Schneider:
Senate Bill No. 270—AN ACT relating to taxation; increasing the state tax on transfers of real property; providing for the disposition and use of the proceeds of the increase for economic development; and providing other matters properly relating thereto.
Senator Schneider moved that the bill be referred to the Committee on Taxation.
Motion carried.
By Senator Schneider:
Senate Bill No. 271—AN ACT relating to gaming; authorizing certain licensees to move their locations and transfer their licenses under certain circumstances; requiring such licensees to pay additional monthly fees for licensing; providing that the additional monthly fees for licensing must be allocated to the school district and distributed to at-risk schools; and providing other matters properly relating thereto.
Senator Schneider moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Schneider:
Senate Bill No. 272—AN ACT relating to malpractice; providing for the posting of a bond or other appropriate security by a plaintiff in an action for medical malpractice or dental malpractice under certain circumstances; and providing other matters properly relating thereto.
Senator Schneider moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator Schneider:
Senate Bill No. 273—AN ACT relating to real property; requiring a contractor or his representative to be present at certain inspections conducted at a residence or appurtenance that is the subject of a claim for a constructional defect; and providing other matters properly relating thereto.
Senator Schneider moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Shaffer:
Senate Bill No. 274—AN ACT relating to motor vehicles; eliminating the requirement that the driver and passenger of a motorcycle being driven on a highway wear protective headgear; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Senators Washington, Raggio, Amodei, Mathews, McGinness, Rhoads, Schneider, Townsend; Assemblymen Knecht, Angle, Anderson, Carpenter, Geddes, Gibbons, Grady, Gustavson, Hardy, Hettrick and Marvel:
Senate Bill No. 275—AN ACT relating to water; creating the Western Nevada Regional Water Planning Task Force; prescribing its powers and duties; and providing other matters properly relating thereto.
Senator Washington moved that the bill be referred to the Committee on Natural Resources.
Motion carried.
By Senator Titus:
Senate Bill No. 276—AN ACT relating to railroads; requiring that the route and terminals selected by the California-Nevada Super Speed Ground Transportation Commission must be approved by the appropriate governmental agencies in the state where the route and terminals are located; designating the Commission as an agency of this state under certain circumstances; and providing other matters properly relating thereto.
Senator Titus moved that the bill be referred to the Committee on Transportation.
Motion carried.
By Senators Wiener, O'Connell, Titus, Hardy, Care, Raggio, Tiffany and Townsend:
Senate Bill No. 277—AN ACT relating to state purchasing; requiring a using agency to purchase prescription drugs, pharmaceutical services, or medical supplies and related services only through the Purchasing Division of the Department of Administration under certain circumstances; and providing other matters properly relating thereto.
Senator Wiener moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Senator Neal:
Senate Bill No. 278—AN ACT relating to communication services; revising provisions relating to the powers of certain local governmental entities to provide the services of a community antenna television system; revising provisions relating to franchises granted for community antenna television systems; and providing other matters properly relating thereto.
Senator Neal moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By the Committee on Government Affairs:
Senate Bill No. 279—AN ACT relating to land use planning; providing that certain findings must be included within or otherwise accompany the adoption or amendment by the governing body of a city or county of a zoning regulation or restriction, or master plan, or part thereof, if the effect of such adoption or amendment is to limit the number of dwelling units that may be constructed within the city or county during a specified period; imposing related requirements with respect to city and county initiatives and referenda; 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 Senator Tiffany:
Senate Bill No. 280—AN ACT relating to state purchasing; requiring certain considerations regarding local bidders in awarding state contracts; and providing other matters properly relating thereto.
Senator Tiffany moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Senator Shaffer (by request):
Senate Bill No. 281—AN ACT relating to osteopathic physicians; increasing the membership of the State Board of Osteopathic Medicine; requiring an applicant for a license to practice osteopathic medicine or an osteopathic physician’s assistant for whom an application to employ an osteopathic physician’s assistant is submitted to the State Board of Osteopathic Medicine to submit a complete set of his fingerprints to the Board for investigation of the criminal history of the applicant or osteopathic physician’s assistant; authorizing an osteopathic physician to be appointed to certain governmental entities; expanding the circumstances under which an osteopathic physician may be designated to carry out certain duties relating to the practice of medicine; revising provisions relating to the confidentiality of investigations conducted by the Board; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Senator Shaffer (by request):
Senate Bill No. 282—AN ACT relating to state parks; prohibiting a person from possessing, consuming or being under the influence of an alcoholic beverage in a state park; enhancing the penalty for possessing, consuming or being under the influence of a controlled substance in a state park; providing a penalty; and providing other matters properly relating thereto.
Senator Shaffer moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Human Resources and Facilities:
Senate Bill No. 283—AN ACT relating to dentistry; revising the requirements for the issuance of a limited license to practice dentistry or dental hygiene; and providing other matters properly relating thereto.
Senator Rawson 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. 284—AN ACT relating to health care; prohibiting a public hospital from charging a fee that is below the cost of providing a service to a patient who is not indigent; providing that certain information on costs for services provided by public hospitals is public; 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 Senator Care:
Senate Bill No. 285—AN ACT relating to commercial transactions; making various changes to provisions pertaining to the Uniform Commercial Code; and providing other matters properly relating thereto.
Senator Care moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senator McGinness:
Senate Bill No. 286—AN ACT relating to juveniles; providing for the supervision of certain juvenile sex offenders placed in treatment programs in this state; and providing other matters properly relating thereto.
Senator McGinness moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By Senators Wiener, Rawson, Neal, Cegavske, Mathews, Nolan and Washington:
Senate Bill No. 287—AN ACT relating to public health; establishing the Arthritis Prevention and Control Program within the Health Division of the Department of Human Resources to increase public awareness of, and educate persons on, matters relating to arthritis; establishing the Advisory Committee on the Arthritis Prevention and Control Program to make certain recommendations to the Division; authorizing the receipt of gifts or grants and other sources of money to carry out the Program; and providing other matters properly relating thereto.
Senator Wiener moved that the bill be referred to the Committee on Human Resources and Facilities.
Motion carried.
By the Committee on Finance:
Senate Bill No. 288—AN ACT relating to taxicabs; increasing the fee for each compensable trip of a taxicab; increasing the fees for the issuance and renewal of a driver’s permit to operate a taxicab; and providing other matters properly relating thereto.
Senator Raggio moved that the bill be referred to the Committee on Transportation.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 213.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Senate Bill No. 10.
Bill read third time.
Remarks by Senator Townsend.
Roll call on Senate Bill No. 10:
Yeas—20.
Nays—None.
Excused—Schneider.
Senate Bill No. 10 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Bill No. 203.
Bill read third time.
Remarks by Senators Neal and Amodei.
Roll call on Senate Bill No. 203:
Yeas—20.
Nays—None.
Excused—Schneider.
Senate Bill No. 203 having received a constitutional majority, Madam President declared it passed.
Bill ordered transmitted to the Assembly.
Senate Joint Resolution No. 5.
Resolution read third time.
Remarks by Senator Amodei.
Roll call on Senate Joint Resolution No. 5:
Yeas—20.
Nays—None.
Excused—Schneider.
Senate Joint Resolution No. 5 having received a constitutional majority, Madam President declared it passed.
Resolution ordered transmitted to the Assembly.
UNFINISHED BUSINESS
Signing
of Bills and Resolutions
There being no objections, the President and Secretary signed Senate Concurrent Resolution No. 16.
GUESTS
EXTENDED PRIVILEGE OF SENATE FLOOR
On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Dr. Charles Goldman and Dr. Stephen Wells.
On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Sylvie Samano.
On request of Senator Wiener, the privilege of the floor of the Senate Chamber for this day was extended to Fred Greenberg, Juanita Hervey, Jack Coleman, Marie Coleman, Bessie Waterford, Marie Banks, Dorothy Hansen, Bobby Pelczarske, Ernestine Pyle, Gracie Apfelbaum, Fran Curry, Teresa Alexander, John Matarazzo, Jo Matarazzo, Douglas Harclerode, Pauline Wright, Shirley Woods, Hazel Forrest, Morris Walters, Martha Walters, Lou Goldstein, Irene Goldstein, Emma Ford, Mattie Ingram, Barbara Callahan, Sue Prim, Lulu Schweitz, Gail Emmett, Lois Kvool, Leota Merril, Betty Strietelmeier, Una Hopper, Rudy Rudolph, Marilyn Louden, Edward Anthony and Jeanette Fujii.
Senator Raggio moved that the Senate adjourn until Friday, March 14, 2003, at 10:30 a.m.
Motion carried.
Senate adjourned at 12:02 p.m.
Approved: Lorraine T. Hunt
President
of the Senate
Attest: Claire J. Clift
Secretary of the Senate