THE FORTY-SIXTH DAY

                               

Carson City (Thursday) March 20, 2003

    Senate called to order at 11:08 a.m.

    President pro Tempore Amodei presiding.

    Roll called.

    All present except Senator Rhoads, who was excused.

    Prayer by the Chaplain, Paul Binnings, Baha'i Faith of Carson City.

    O Thou kind Lord! This gathering is turning to Thee. These hearts are radiant with Thy love. These minds and spirits are exhilarated by the message of Thy glad-tidings. O God! Let this American democracy become glorious in spiritual degrees even as it has aspired to material degrees, and render this just government victorious. Confirm this revered Nation to upraise the standard of the oneness of humanity, to promulgate the most great peace, to become thereby most glorious and praiseworthy among all the nations of the world. O God! This American Nation is worthy of Thy favors and is deserving of Thy mercy. Make it precious and near to Thee through Thy bounty and bestowal.

'Abdu'l-Baha.

    Pledge of allegiance to the Flag.

    Senator Raggio moved that further reading of the Journal be dispensed with, and the President pro Tempore and Secretary be authorized to make the necessary corrections and additions.

    Motion carried.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, March 20, 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. 8.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

    By Senators Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O'Connell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington, Wiener; Assemblymen Williams, 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, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer and Weber:

    Senate Concurrent Resolution No. 23—Honoring restaurateurs Paul and Adele Abowd.

    Whereas, On October 28, 2002, Adele’s at the Plaza in downtown Reno, a restaurant owned and operated by Paul and Adele Abowd, closed for business on the 11th anniversary of its opening date; and


    Whereas, Paul and Adele met in San Francisco, California, where Paul was a fry cook and Adele was a waitress in a restaurant owned by Paul’s father, and were married in 1950 to form the unbeatable team that has made them known and loved by many and to start the family that would grow to include sons, Charlie and Michael, and daughters, Cyrina and Colette; and

    Whereas, The team of Paul and Adele Abowd has made its mark in the culinary world for the past 50 years through the introduction of new restaurant concepts such as Peg’s Glorified Ham and Eggs which opened in Richmond, California, in 1953 and was such a hit that the line was extended to El Cerrito and Oakland, California; and

    Whereas, In 1978, the Abowds moved to Carson City to open Adele’s, a restaurant that became an icon of fine dining in western Nevada and is currently owned by their son, Charlie, and his wife, Karen, and in 1991, Adele’s at the Plaza in Reno opened its doors to expand and continue the tradition of world-class cuisine in a relaxing atmosphere; and

    Whereas, Acting on his belief that dining should be an enjoyable experience and even an adventure, Paul Abowd never stopped working to extend the bill of fare, deepen the selection of fine wines and perfect the atmosphere of their restaurants to meet the needs of their guests and satisfy even the most discriminating tastes; and

    Whereas, The charm and graciousness of Paul and Adele, which was a trademark of their approach to serving fine meals in their restaurants, is also evident in their home in Carson City where they have hosted fundraisers, community events, social dinners and political functions, including a very successful fundraiser in 1988 for former Governor Richard Bryan in support of his race for a seat in the United States Senate; and

    Whereas, Former President of the Nevada Restaurant Association and recipient of the 2001 Restaurateur of the Year Award, Adele Abowd maintains that the greatest benefit of their chosen lifestyle was meeting, and often becoming friends with, so many wonderful people from all walks of life, the list of which includes visionary leaders and powerful statesmen; and

    Whereas, After committing most of their lives to the restaurant business and the people they served, Paul and Adele Abowd are retiring and using the extra time to spend with each other and their family; 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 extend their admiration and gratitude to Paul and Adele Abowd for their contributions to the restaurant industry in Nevada, their culinary expertise and their energetic service to the people of this state; and be it further

    Resolved, That Paul and Adele Abowd’s example of dedication to their life’s work of service in the restaurant industry and their cheerful involvement in the community that have characterized their 52 years together will be an inspiration to all whose lives they have touched; and be it further

    Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Paul and Adele Abowd.

    Senator Titus moved the adoption of the resolution.

    Remarks by Senators Titus, Raggio and Amodei.

    Senator Titus requested that the following remarks be entered in the Journal.

    Senator Titus:

    I am pleased to stand in support of this resolution recognizing a Nevada institution and honoring a wonderful family, the Abowds. But I would actually rather be sitting in the lovely living room of their famous restaurant. Adele’s has been the scene of more political functions, deals and shenanigans than any place in the State, including this building. Thank goodness, those walls cannot talk.

    We all love being a part of your family, whether you want to claim us or not. Without you to provide a little respite down the street, this body would function much less cordially and effectively, and no doubt, policy outcomes would be a lot worse. Thank you, again, for all you have done for this State, this community and this Legislature.


    Senator Raggio:

    Thank you, Mr. President pro Tempore. I am certain everyone in the Senate would like to speak on this resolution, but time will not permit. I know I am speaking for all of us when I say that we are grateful the Abowds chose Carson City to move to in 1978. No one recognized at that time that the restaurant would become and ex-officio caucus room for the members of the Legislature. It was a more high-class meeting place than Jack’s Bar. Beyond the fact that they are wonderful chefs and wonderful hosts, they have become confidants for everyone in the Legislature. At some time, we have all had the privilege of being there; however, there are times we can remember, and times we cannot. The restaurant is a wonderful place for the Legislators to relax and to re-establish some of the camaraderie that ought to exist but sometimes dissipates during the discussions here.

    I want to extend our congratulations to Paul and Adele. We are sorry to hear that this marks their retirement, but Charlie and his wife Karen will keep on with the restaurant. Our best wishes go to them. I understand, though, Paul will be doing a little extra at the Wolf Run Golf Club in Reno. I am sure if they have the kind of restaurant that I know they can create, the restaurant at Wolf Run will be the best-attended golf course in the State of Nevada. We thank them for all their friendship, their support and their hospitality.

    Senator Amodei:

    I want to thank Paul and Adele, too. I was born and raised in this town and have watched the legislative process all my life. There was much folklore and tradition associated with the business of the Legislature when it left the building it was meeting in. I credit you with moving the out-of-building business of the Legislature from the bars in Carson City to the fine restaurants of Carson City.

    Resolution adopted.

    Senator Titus moved that all rules be suspended and that Senate Concurrent Resolution No. 23 be immediately transmitted to the Assembly.

    Motion carried unanimously.

    Resolution ordered transmitted to the Assembly.

    Assembly Concurrent Resolution No. 8—Expressing support for American military troops again in harm’s way.

    Whereas, Almost one-quarter of a million American men and women are engaged in war with Iraq; and

    Whereas, These members of our Armed Forces are exposed to great danger and to the hazards and discomforts of the harshest of climates; and

    Whereas, They have forsaken home, family and friends in obedience to the call of their country and fidelity to their oath of service; and

    Whereas, They undertake this duty and prepare to make the ultimate sacrifice out of love for their country and the freedoms for which it stands; and

    Whereas, The men and women leave behind spouses, children and parents who suffer great anxiety and make great sacrifices to enable our servicemen and women to fulfill their patriotic obligation; now, therefore, be it

    Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the Nevada Legislature commends the noble, selfless and heroic efforts of our American servicemen and women; and be it further

    Resolved, That the members of the Nevada Legislature join with all Nevadans in laying aside debates about the prudence of the cause in which our country is engaged and pray that this conflict may speedily end and that these brave men and women may return safely home to their families and friends; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Adjutant General of the Nevada National Guard and the Commanding Officer of Nellis Air Force Base.


    Senator Titus moved the adoption of the resolution.

    Remarks by Senators Titus, Raggio, McGinness and Care.

    Senator Titus requested that the following remarks be entered in the Journal.

    Senator Titus:

    It is with a heavy heart that I stand in favor of this resolution expressing support for our military troops in Iraq. War is always a terrible thing: lives will be lost; men and women will be injured; families will be devastated, and property will be destroyed.

    Patriotic Americans will always disagree on the merits of any particular engagement. I know there are some in this body who support the war and there are others who have reservations. But for now, we must postpone our debate on the wisdom of the administration’s actions for a moment to thank, commend, honor and pray for the noble, selfless and heroic American servicemen and women who are in harm’s way, even as we speak.

    Senator Raggio:

    Thank you, Mr. President pro Tempore. I am assuming that all the names of the members of the Senate are on this resolution. I support this resolution. Today marks the first day we have been in session since the war commenced. I agree with the Minority Leader. This is the time to put aside the diatribe and the rhetoric that has flowed for some time. This country must stand united. Anything other than that would give aid and comfort to a tyrant who should have been disposed of a decade ago. Too often, we tolerate people such as he. We tolerate individuals who would impose their will upon free people. Many of us saw that while we were growing up during the days of Hitler and Stalin. This is the time to realize that sometimes only force is the way to preserve liberty. Let us not give aid and comfort to the enemy. Let us unite and put aside differences and make certain our troops have our support. I hope that we have not delayed too long. Perhaps, if we had begun this war months ago, some lives that will be lost could have been saved. This is the time to stay united.           

    Senator McGinness:

    Thank you, Mr. President pro Tempore. Fallon Naval Air Station was left out of this resolution today. Fallon Naval Air Station is the only place in all the Navy’s locations where a carrier air group, or as we call them in Fallon, CAGs, can get together and train at one location. During the past 14 months, every Navy fighter pilot has gone through Fallon Naval Air Station and trained at their unique facility.

    As long as I have been a member of the Senate, I do not remember amending a resolution, but I think it would be shortsighted if we left Fallon Naval Air Station out. The great Naval aviators have been basking with pride that they flew more sorties out of Fallon last year than Nellis Air Force Base had. If we could add Fallon Naval Air Station to the list, I think it would be greatly appreciated by our troops.

    Senator Care:

    Thank you, Mr. President pro Tempore. I was speaking with a friend of mine who informed me that there are 700 members of our Nevada National Guard who have been deployed. There are 400 Army and 300 Air Force members in this war. Let us keep that in mind. Thank you.

    Senator Titus:

    Thank you. Of course, we want to add the Fallon Naval Air Station. Whatever the procedure is to make that happen, we want to be certain that it does happen. I am certain the Assembly will be in complete agreement with the addition.

    President pro Tempore Amodei announced that if there were no objections, the Senate would recess subject to the call of the Chair.

    Senate in recess at 11:28 a.m.


SENATE IN SESSION

    At 11:29 a.m.

    President pro Tempore Amodei presiding.

    Quorum present.

INTRODUCTION, FIRST READING AND REFERENCE

    By the Committee on Judiciary:

    Senate Bill No. 397—AN ACT relating to public safety; revising certain provisions governing registration and community notification of sex offenders and offenders convicted of a crime against a child; requiring sex offenders and offenders convicted of a crime against a child who are enrolled in or work at institutions of higher education to register with local law enforcement agencies in whose jurisdiction the institutions of higher education are located; requiring such local law enforcement agencies to notify appropriate campus police departments; providing immunity for certain entities and persons for certain acts or omissions relating to information obtained, maintained or disclosed under certain circumstances; making various other changes concerning conditions of parole and probation for certain sex offenders; and providing other matters properly relating thereto.

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

    Motion carried.

SECOND READING AND AMENDMENT

    Assembly Bill No. 27.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 46.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 53.

    Bill read second time and ordered to third reading.

    Assembly Bill No. 129.

    Bill read second time and ordered to third reading.

GENERAL FILE AND THIRD READING

    Senate Bill No. 205.

    Bill read third time.

    The following amendment was proposed by Senator Neal:

    Amendment No. 66.

    Amend section 1, pages 1 and 2, by deleting lines 2 through 12 on page 1 and lines 1 through 29 on page 2, and inserting:

    “202.020  1.  Any [person under 21 years of age] minor who purchases any alcoholic beverage or [any such person] who consumes any alcoholic beverage in any saloon, resort or premises where spirituous, malt or fermented liquors or wines are sold is guilty of a misdemeanor.

    2.  Any [person under 21 years of age] minor who, for any reason, possesses any alcoholic beverage in public is guilty of a misdemeanor.

    3.  Any minor who is impaired to any degree by the use of an alcoholic beverage is guilty of a misdemeanor.

    4.  This section does not preclude a local governmental entity from enacting by ordinance an additional or broader restriction.

    [4.] 5.  For the purposes of this section [, possession] :

    (a) “Impairment” means any observable signs or symptoms commonly associated with the use of alcoholic beverages.

    (b) “Impairment” does not include:

        (1) Impairment for an established religious purpose;

        (2) Impairment in the presence of the minor’s parent, spouse or legal guardian who is 21 years of age or older; or

        (3) Impairment in accordance with a prescription issued by a person statutorily authorized to issue prescriptions.

    (c) Possession “in public” includes possession:

        [(a)] (1) On any street or highway;

        [(b)] (2) In any place open to the public; and

        [(c)] (3) In any private business establishment which is in effect open to the public.

    [5.  The term]

    (d) Possession “in public” does not include:

        [(a)] (1) Possession for an established religious purpose;

        [(b)] (2) Possession in the presence of the [person’s] minor’s parent, spouse or legal guardian who is 21 years of age or older;

        [(c)] (3) Possession in accordance with a prescription issued by a person statutorily authorized to issue prescriptions;

        [(d)] (4) Possession in private clubs or private establishments; or

        [(e)] (5) The selling, handling, serving or transporting of alcoholic beverages by a [person] minor in the course of his lawful employment by a licensed manufacturer, wholesaler or retailer of alcoholic beverages.

    (e) “Minor” means a person who is older than 7 years of age and under 21 years of age.”.

    Senator Neal moved the adoption of the amendment.

    Remarks by Senators Neal, Care and Raggio.

    Senator Care moved that Senate Bill No. 205 be taken from the General File and placed on the General File for the next legislative day.

    Motion carried.

    Assembly Bill No. 22.

    Bill read third time.

    Roll call on Assembly Bill No. 22:

    Yeas—20.

    Nays—None.

    Excused—Rhoads.

    Assembly Bill No. 22 having received a constitutional majority, Mr. President pro Tempore declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 33.

    Bill read third time.

    Roll call on Assembly Bill No. 33:

    Yeas—20.

    Nays—None.

    Excused—Rhoads.

    Assembly Bill No. 33 having received a constitutional majority, Mr. President pro Tempore declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 93.

    Bill read third time.

    Remarks by Senators Neal, Care, Tiffany, Washington and Coffin.

    Roll call on Assembly Bill No. 93:

    Yeas—18.

    Nays—Tiffany, Washington—2.

    Excused—Rhoads.

    Assembly Bill No. 93 having received a constitutional majority, Mr. President pro Tempore declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 94.

    Bill read third time.

    Roll call on Assembly Bill No. 94:

    Yeas—20.

    Nays—None.

    Excused—Rhoads.

    Assembly Bill No. 94 having received a constitutional majority, Mr. President pro Tempore declared it passed.

    Bill ordered transmitted to the Assembly.

    Assembly Bill No. 101.

    Bill read third time.

    Remarks by Senators Neal and Wiener.

    Roll call on Assembly Bill No. 101:

    Yeas—20.

    Nays—None.

    Excused—Rhoads.

    Assembly Bill No. 101 having received a constitutional majority, Mr. President pro Tempore declared it passed.

    Bill ordered transmitted to the Assembly.


MOTIONS, RESOLUTIONS AND NOTICES

    Senator McGinness moved that Assembly Concurrent Resolution No. 8 be taken from the Resolution File and placed on the Secretary’s desk.

    Remarks by Senator McGinness.

    Motion carried.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

    There being no objections, the President pro Tempore and Secretary signed Senate Concurrent Resolution No. 22.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

    On request of Senator Schneider, the privilege of the floor of the Senate Chamber for this day was extended to Dan Malloy.

    On request of Senator Titus, the privilege of the floor of the Senate Chamber for this day was extended to Paul Abowd, Adele Abowd, Charlie Abowd, Karen Abowd, Colette Burau, Scott Burau, Cyrina Abowd and Paul Allen.

    On request of Senator Washington, the privilege of the floor of the Senate Chamber for this day was extended to Tammy Downs, Pamela Goerke, Beverly Hanson, Teresa Johnson, Mary Jane Lake, Maryann Mangan, Tracy Ramos, Victoria Windham, Susan Bithell, Mike Williams, Joyce Kveum, Ann Burgess, Dee Montooth, Lorraine Porter and Betsi Williams.

    Senator Raggio moved that the Senate adjourn until Friday, March 21, 2003, at 10:30 a.m.

    Motion carried.

    Senate adjourned at 11:55 a.m.

Approved:                                                                   Mark E. Amodei

                                                                       President pro Tempore of the Senate

Attest:    Claire J. Clift

                Secretary of the Senate