THE SEVENTY-SECOND DAY

                               

Carson City (Tuesday), April 15, 2003

    Senate called to order at 11:30 a.m.

    President Hunt presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Reverend Stan Pesis.

    O God, one day may feel like these northern Nevada springs, when one never knows quite what to expect. Bless these men and women with insight, tenacity and courage to face these days and to bring order out of disorder so that wise decisions will be made for Your people.

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 Commerce and Labor, to which were referred Senate Bills Nos. 183, 184, 240, 255, 395, 427, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Randolph J. Townsend, Chairman

Madam President:

    Your Committee on Government Affairs, to which were referred Senate Bills Nos. 123, 145, 312, 358, 450, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ann O'Connell, Chairman

Madam President:

    Your Committee on Human Resources and Facilities, to which were referred Assembly Bills Nos. 111, 201, 306, 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. 383, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Raymond D. Rawson, Chairman

Madam President:

    Your Committee on Judiciary, to which were referred Senate Bills Nos. 38, 66, 90, 97, 303, 316, 339, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark E. Amodei, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, April 14, 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. 69, 117, 233, 287, 292, 299, 335, 437, 448, 459, 509, 531; Senate Joint Resolution No. 5.

    Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 32, 52, 79, 92, 100, 103, 126, 138, 143, 146, 151, 160, 163, 217, 226, 294, 319, 397.

    Also, I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 28.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

    Senator Raggio moved that for this legislative day the Secretary of the Senate dispense with reading the histories of Assembly bills for introduction.

    Remarks by Senator Raggio.

    Motion carried.

    In compliance with a notice given on the previous day, Senator Washington moved that the vote whereby Senate Bill No. 143 was lost be reconsidered.

    Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

    Assembly Bill No. 32.

    Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Assembly Bill No. 52.

    Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.

    Motion carried.

    Assembly Bill No. 69.

    Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Assembly Bill No. 79.

    Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Assembly Bill No. 92.

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

    Motion carried.

    Assembly Bill No. 100.

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

    Motion carried.


    Assembly Bill No. 103.

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

    Motion carried.

    Assembly Bill No. 117.

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

    Motion carried.

    Assembly Bill No. 126.

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

    Motion carried.

    Assembly Bill No. 138.

    Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.

    Motion carried.

    Assembly Bill No. 143.

    Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Assembly Bill No. 146.

    Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Assembly Bill No. 151.

    Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Assembly Bill No. 160.

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

    Motion carried.

    Assembly Bill No. 163.

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

    Motion carried.

    Assembly Bill No. 217.

    Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Assembly Bill No. 226.

    Senator Rawson moved that the bill be referred to the Committee on Transportation.

    Motion carried.

    Assembly Bill No. 233.

    Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Assembly Bill No. 287.

    Senator Rawson moved that the bill be referred to the Committee on Natural Resources.

    Motion carried.

    Assembly Bill No. 292.

    Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Assembly Bill No. 294.

    Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Assembly Bill No. 299.

    Senator Rawson moved that the bill be referred to the Committee on Transportation.

    Motion carried.

    Assembly Bill No. 319.

    Senator Rawson moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    Assembly Bill No. 335.

    Senator Rawson moved that the bill be referred to the Committee on Transportation.

    Motion carried.

    Assembly Bill No. 397.

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

    Motion carried.

    Assembly Bill No. 437.

    Senator Rawson moved that the bill be referred to the Committee on Taxation.

    Motion carried.

    Assembly Bill No. 448.

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

    Motion carried.

    Assembly Bill No. 459.

    Senator Rawson moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Assembly Bill No. 509.

    Senator Rawson moved that the bill be referred to the Committee on Human Resources and Facilities.

    Motion carried.

    Assembly Bill No. 531.

    Senator Rawson moved that the bill be referred to the Committee on Taxation.

    Motion carried.

SECOND READING AND AMENDMENT

    Senate Bill No. 307.

    Bill read second time.

    The following amendment was proposed by the Committee on Human Resources and Facilities:

    Amendment No. 264.

    Amend sec. 5, page 4, line 25, after “establishment.” by inserting: “The conspicuous location described in this subsection may include, without limitation, a women’s restroom that is located within the establishment.”.

    Senator Rawson moved the adoption of the amendment.

    Remarks by Senator Rawson.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 419.

    Bill read second time and ordered to third reading.

    Senate Bill No. 484.

    Bill read second time and ordered to third reading.

GENERAL FILE AND THIRD READING

    Senate Bill No. 71.

    Bill read third time.

    Roll call on Senate Bill No. 71:

    Yeas—21.

    Nays—None.


    Senate Bill No. 71 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 163.

    Bill read third time.

    Roll call on Senate Bill No. 163:

    Yeas—20.

    Nays—Carlton.

    Senate Bill No. 163 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 168.

    Bill read third time.

    Roll call on Senate Bill No. 168:

    Yeas—21.

    Nays—None.

    Senate Bill No. 168 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 246.

    Bill read third time.

    Roll call on Senate Bill No. 246:

    Yeas—21.

    Nays—None.

    Senate Bill No. 246 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 301.

    Bill read third time.

    Remarks by Senators Neal, Townsend and Titus.

    Roll call on Senate Bill No. 301:

    Yeas—21.

    Nays—None.

    Senate Bill No. 301 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 345.

    Bill read third time.

    Remarks by Senators Neal, Nolan and Carlton.

    Roll call on Senate Bill No. 345:

    Yeas—21.

    Nays—None.

    Senate Bill No. 345 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 392.

    Bill read third time.

    Conflict of interest declared by Senator Raggio.

    Roll call on Senate Bill No. 392:

    Yeas—10.

    Nays—Amodei, Care, Carlton, Coffin, Mathews, Neal, Schneider, Titus, Washington, Wiener—10.

    Not Voting—Raggio.

    Senate Bill No. 392 having failed to receive a constitutional majority, Madam President declared it lost.

    Senate Bill No. 401.

    Bill read third time.

    Remarks by Senators Neal and Raggio.

    Roll call on Senate Bill No. 401:

    Yeas—21.

    Nays—None.

    Senate Bill No. 401 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 415.

    Bill read third time.

    Roll call on Senate Bill No. 415:

    Yeas—21.

    Nays—None.

    Senate Bill No. 415 having received a constitutional majority, Madam President declared it passed, as amended.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 456.

    Bill read third time.

    Roll call on Senate Bill No. 456:

    Yeas—17.

    Nays—Care, Coffin, Neal, Titus—4.

    Senate Bill No. 456 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 466.

    Bill read third time.


    Roll call on Senate Bill No. 466:

    Yeas—21.

    Nays—None.

    Senate Bill No. 466 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 482.

    Bill read third time.

    Remarks by Senators Neal and Nolan.

    Roll call on Senate Bill No. 482:

    Yeas—21.

    Nays—None.

    Senate Bill No. 482 having received a constitutional majority, Madam President declared it passed.

    Bill ordered transmitted to the Assembly.

    Senate Bill No. 143.

    Bill read third time.

    The following amendment was proposed by Senator Titus:

    Amendment No. 479.

    Amend the bill as a whole by deleting sections 2 through 4 and adding a new section designated sec. 2, following section 1, to read as follows:

    Sec. 2.  This act becomes effective upon passage and approval.”.

    Amend the title of the bill to read as follows:

    “AN ACT relating to public administrators; authorizing a board of county commissioners to examine and audit money and property entrusted to the care of the public administrator; and providing other matters properly relating thereto.”.

    Amend the summary of the bill to read as follows:

    “SUMMARYRevises provisions governing public administrators. (BDR 20‑419)”.

    Senator Titus moved the adoption of the amendment.

    Remarks by Senators Titus, Raggio, McGinness, Mathews, O'Connell, Care, Coffin and Neal.

    Senators Titus, Neal and Carlton requested a roll call vote on the adoption of the amendment.

    Yeas—9.

    Nays—Amodei, Cegavske, Hardy, Nolan, O'Connell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Townsend—12.

    The motion having failed to receive a majority, Madam President declared it lost.

    Roll call on Senate Bill No. 143:

    Yeas—12.

    Nays—Care, Carlton, Coffin, Mathews, McGinness, Neal, Schneider, Titus, Wiener—9.

    Senate Bill No. 143 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 5 p.m.

    Motion carried.

    Senate in recess at 12:31 p.m.

SENATE IN SESSION

    At 5:12 p.m.

    President Hunt presiding.

    Quorum present.

REPORTS OF COMMITTEES

Madam President:

    Your Committee on Finance, to which was re-referred Senate Bill No. 34, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

William J. Raggio, Chairman

Madam President:

    Your Committee on Human Resources and Facilities, to which were referred Senate Bills Nos. 386, 390, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Raymond D. Rawson, Chairman

Madam President:

    Your Committee on Judiciary, to which were referred Senate Bills Nos. 50, 218, 298, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Mark E. Amodei, Chairman

Madam President

    Your Committee on Transportation, to which were referred Assembly Bills Nos. 19, 42, 58, 177, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

    Also, your Committee on Transportation, to which was referred Senate Bill No. 384, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Raymond C. Shaffer, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

    The Sergeant at Arms announced that Assemblymen McCleary and Andonov were at the bar of the Senate. Assemblyman McCleary invited the Senate to meet in Joint Session with the Assembly to hear Representative Shelley Berkley.

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

    Senate in recess at 5:13 p.m.


IN JOINT SESSION

    At 5:18 p.m.

    President Hunt presiding.

    The Secretary of the Senate called the Senate roll.

    All present except Senator Coffin, who was excused and Senators Townsend and Neal who were absent.

    The Chief Clerk of the Assembly called the Assembly roll.

    All present except Assemblyman Knecht, who was excused.

    Madam President appointed a Committee on Escort consisting of Senator Carlton and Assemblywoman McClain to wait upon the Honorable Representative Shelley Berkley and escort her to the Assembly Chamber.

Representative Shelley Berkley delivered her message as follows:

Message to the Legislature of Nevada

Seventy-second Session, 2003

    Thank you, Speaker pro Tempore Williams. It is a pleasure for me to be here. I know how busy you are at this time during the legislative session, and I appreciate you giving me the opportunity to speak with you for a few minutes. I was reminiscing with some of the people that I saw as I came into the Chamber, and while I walked around the halls, today, it occurred to me that I served in the Nevada State Assembly twenty years ago. It is amazing how quickly time flies. My son was an infant at the time I was elected. Those of you who were here remember I was bringing him back and forth, and now he will turn twenty-one in June, and that makes me much older than I was.

    I am going to attempt to wing this speech. I received many calls from the legislative staff asking if I could please give them a written speech so they could enter it into the record. I have become bored with listening to elected officials read their speeches. Since I find them boring, I can’t imagine anyone of you would find my words inspirational if I read them so I am going to try to do this with just the benefit of some head notes.

    As busy as I have been in Washington, D.C., over the last several months, during such an extraordinarily difficult time, I have tried to keep in touch with everything that is happening here and the challenges you have in the Nevada State Legislature. I know they are daunting, and I wanted to congratulate all of you and pay homage to you for the incredible work that you do with limited staff and resources. I think you do a great job on behalf of the people that you represent. I particularly want to acknowledge the Assembly Leadership for having a robust agenda for the first 45 days. In spite of all the challenges you have, you have kept this Legislature on track and passed legislation that is important to the people you represent. This is of paramount importance, and I applaud you. I want to congratulate Senator Titus on her Red Rock victory yesterday in committee. I also want to thank Governor Guinn for staying the course and being extremely courageous in what you are doing. I am honored that you are here.

    I wanted to address a number of issues today. I sit on three committees, the Transportation and Infrastructure Committee, the Veteran’s Affairs Committee and the International Relations Committee. I thought I would share what we are doing on those three committees to give you a better feel of what I do. I also want to talk about the energy legislation that was just passed as well as the federal budget and its impact on the State of Nevada, those you represent and all of you.

    The Transportation and Infrastructure Committee is my major committee in Congress. I sit on the Aviation Subcommittee and the Ground Transportation Subcommittee. Of importance this year, we are doing the reauthorization of T-21, which gives us the authority to fund our projects for the next five years. If it isn’t in this year’s budget, it will not be funded for the next five years. Being in a growth state like Nevada it is very important that we get these projects through, and we should get them through this year. Each of us, in our own congressional district, has a number of projects for which we are requesting funding. I am concentrating on CD-1. Congressman Porter, who is also on the Transportation Committee, has a number of projects, many of which interlock with mine. These projects have been divided up the best way we can to serve the people we represent. Of course, Congressman Gibbons has his own set of requests that he is working on as well.

    The number one priority for NDOT is the Clark County beltway system-to-system interchanges, which is I-215. We have four projects within the I-215 corridor. The first project is the expansion of the airport connector. If any of you have tried to get to McCarran Airport from I-215, you know how difficult it is with increasing congestion on almost a daily basis. This is going to be corrected. The next project is to create a Summerland interchange. If any of you live in Summerland and are using I-215, you know the amount of traffic I-215 and Summerland are getting. We are also widening I-15 north of U.S. 95 to the speedway and widening U.S. 95 north of Craig Road to the beltway. All of these projects are important to the future growth and development of the Las Vegas Valley.

    The second project for which we are requesting funds is the Las Vegas multi-modal transit system consisting of three components. I am committed, as is the Regional Transportation Commission, to southern Nevada. We have a continuing commitment to a fully integrated transit system throughout the Las Vegas Valley. The first component is the Las Vegas resort corridor fixed-guideway airport extension. In plain English, that means the new monorail system will extend from where it is currently beginning to the airport. This is a big project, and it is important that we get the funding this year. As part of this intermodal system, we are working on a CAT-Rail. The CAT-Rail is a state of the art bus system that will bring people from the outlying areas and the Henderson area to the airport so that they can utilize the intermodal system.

    The third component is the central city intermodal-transportation terminal. This will be the major transit center for the metropolitan area in southern Nevada. It includes several facilities for various transportation modes: the CAT system, the MAX Bus Rapid Transit system and the monorail, all converging in the same place. You can start in Henderson and end up in downtown Las Vegas with very few transit stops. It is big; it is important; it is the wave of the future, and we are going for all the dollars we can in order to receive funding.

    The third project I am requesting is money for the Nevada-California mag-lev. This is an important project for the future of the State of Nevada. If there is another terrorist attack on United States soil and the State of Nevada experiences the same economic downturn because people are not coming to Nevada, we are going to be in a world of hurt economically. Right now, 46 percent of the people that come to southern Nevada to enjoy our wholesome family entertainment come through McCarran Airport. If people stop flying, then our 127,000 hotel rooms will not be filled. The two and one half employees that are hired for each hotel room will have trouble getting work. We cannot afford, again, what happened on 9/11, losing 20,000 jobs almost overnight. We are hoping the mag-lev train system will transport people from the southern-California area, our major market in southern Nevada, and bring them to the Las Vegas Valley without having to fly. I had a meeting in Las Vegas yesterday with the chairman of the Transportation Committee, Don Young, and he has assured us this project is front and center and will, probably, be funded this year. There are several other projects throughout the State of Nevada which I will allow my colleagues to discuss.

    The second committee that I sit on is the Veterans' Affairs Committee. I have the fastest growing veterans population in the United States in southern Nevada. I have 200,000 veterans. Many of them went through the Vietnam War, the Korean War or World War II. These veterans are not getting any younger, and since we have the fastest growing senior population in southern Nevada, it converges. Many of the veterans depend upon the VA system in order to have their health-care needs met. In 1997, before I was elected to the United States Congress, I happened to be at the ribbon cutting for the Addeliar D. Guy III, VA Clinic, on Martin Luther King Boulevard. Five years after that ribbon cutting, in a building that should have lasted many decades, the building has now been condemned as uninhabitable for humans. Consequently, the VA is in the process of closing that building. Until we get a new building to service our veterans, they will receive their health care needs at eight different locations in southern Nevada. It is going to be extremely difficult for our older veterans to be standing in the heat or the cold and wait for a bus to pick them up and take them from one location to another to have their health‑care needs met. It is important that we get a replacement VA health-care clinic as soon as possible. I have assurance from the VA Secretary, who has visited Las Vegas on numerous occasions, that within three years we will have a state-of-the-art, 250,000 square foot VA clinic to service our veterans in southern Nevada. We had better have it because the leases we have on the eight locations are three-year leases. We don’t want to extend them for another three years. It is important that we get this accomplished. We are looking for land in southern Nevada. The RFP has been issued, and we are anxious that this is awarded soon, and we get the VA clinic. Two hundred thousand veterans in southern Nevada are depending on us to do this, and I have promised that we will in fact get it done.

    In addition, the veterans in southern Nevada need to have a full service hospital of their own. Certainly with 200,000 veterans in the Las Vegas Valley, I think we have reached a critical mass so that they don’t have to share the facilities at Nellis Air Force Base. Approximately, 1,500 of our veterans have to go out of state every year in order to get their acute health-care needs met. We are taking older Americans, who do not have much money and have very little family, away from their loved ones at a time when they need their support and sending them several hundred miles away in order to get health care. That is unacceptable to me, and I am sure it is unacceptable to everyone in this room. We will work on getting the full service VA hospital as soon as we get the health-care clinic completed. When we are done with that, we are going to go after a long-term care facility because our veterans don’t have a long-term health-care facility in the Las Vegas area funded by the federal government, which we need. These are the issues we are working on in the Veteran Affairs Committee.

    My third committee is the International Relations Committee. I sit on the Middle East/South Asian Subcommittee. My area of jurisdiction is Afghanistan, Pakistan, India, Iran, Iraq and the entire Middle East. When I was appointed to this committee, I did not anticipate that this would be where all the action is in the United State House of Representatives. It has been an extraordinary experience to have a bird’s eye view on what is going on globally and its impact on the United States of America.

    I want to touch lightly on Iraq and the Middle East. I supported the President’s plan to go into Iraq by first going to the United Nations and getting the support, which we initially did in a 15‑0 vote by the security counsel. I also voted for legislation that we authorize the President to go in unilaterally if necessary. He, in fact, did, and I am grateful that after a month of hostilities things are winding down successfully. I think the easy part is over. The challenge now is in winning the peace. We are going to have our hands full, and it is going to be important. I believe bringing democracy, liberty and freedom to the Iraqi people will change the paradigm in the Middle East. It is important that this is done. I do not think there can be peace in the world and an end to terrorism, which is a relatively new phenomenon for those of us who live in the United States, if we do not solve the Middle East crisis, a situation which is not getting any better. I am supporting the President in his road map for Middle East peace, and I urge you to watch what happens now that things are winding down in Iraq. I can assure you that the next area the President is going to concentrate on is bringing peace to the Middle East. I believe that the Israelis are entitled to a peaceful existence within secure borders. They are entitled to be recognized for their right to exist by their Arab neighbors and free from random terrorist attacks. I believe the Palestinian people are entitled to a homeland of their own.

    For those in our country who are concerned that we went over the United Nations by going into Iraq, let me suggest this to you. There will be a role for the United Nations to play, but the United States could not abdicate our national security interest to any one, any country, any entity. In the end, it is the United States, the United States government and all of us who are public servants that owe our constituents protection and the right to be free, have liberty and freedom, and I believe that we did the right thing. When you think of the United Nations, please keep in mind that before we relinquish any responsibility to the United Nations, Syria, a rogue country, is a member of the security counsel, although a non-voting member. Libya is chairman of the Human Rights Committee and Iraq is chairman of the Disarmament Committee, something they know something about now.

    I want to talk to you briefly about this Nation’s energy policy. I recently voted against the administration’s energy bill. In my opinion it does nothing to promote a long-term, sustainable, affordable policy in this Nation. I agree with the President that we have to get away from our dependence and reliance on foreign oil sources, for so many reasons, including security reasons and foreign interest reasons. It is a mistake to be relying our energy needs on dictators and potentates that we ordinarily would not be spending any time with and would be enemies of ours. We make a lot of compromises in order to get that oil, and we should not. Where I part company with the administration is on the new reliance on nuclear power in order to sustain this Nation’s energy needs. In the legislation that I voted against, there is a $1-billion subsidy to the nuclear industry. The problem with that, of course for all of us in Nevada, is this Nation has never figured out what it is going to do with its nuclear waste. If we subsidize the nuclear industry to the tune of $1 billion in order to build new power plants, the end result of nuclear energy is nuclear waste. We don’t know what to do with it, and this Nation’s solution is to put it in a hole in the Nevada desert. I will reiterate to you; we don’t want it; we don’t need it, and this is 20th-Century technology in a 21st-Century world. Certainly, there is a better way of providing for our energy needs and not spending it in a hole in the Nevada desert.

    Another problem with this legislation is the so-called “Price-Anderson Amendment.” This amendment caps the industries liability for any nuclear accident. The federal government is indemnifying the nuclear industry with taxpayers’ money. If there is a catastrophic accident in any of the nuclear power plants, it is the American taxpayers that will be footing the bill and not the nuclear industry for whatever negligence caused the problem. That is wrong. Excuse the cost of nuclear power, and excuse it to the low side. If we had to account for insurance needs and the indemnification of the nuclear industry, I can guarantee that nuclear power would be a lot more expensive than they say it is. I think this really skews the numbers dramatically. It is easy to criticize but what I think is important? We should be investing in renewable energy sources. If the federal government wants Nevada to be the epicenter of energy needs in this county, then let us. Let us harness the sun, wind, geothermal energy and hydrogen cells. We can do it if we invest the dollars in renewable energy sources. Rather than put $308 billion into Yucca Mountain, the latest estimate of what it is going to cost, let us take a portion of that and subsidize the fledgling solar energy companies, wind power companies and hydrogen cell companies. Let’s do something productive with that money and make this Nation energy self-sufficient and leave a legacy to our children, our children’s children and Americans yet unborn so that we can take care of their energy needs for generations to come. I must give you all credit. I know Nevada has one of the most ambitious renewable portfolios in the entire Nation, and I am proud to say I stole your idea and introduced it in the House of Representatives. The United States of America would be wise to follow Nevada’s lead when it comes to renewable energy.

    Let me talk briefly about the federal budget. This is the final issue that I wish to discuss. The budget that was passed last week in Congress and its potential fiscal impact on Nevada are things you have to hear about and you need to know because it is going to impact you, the State and what ever services we can provide for our constituents. It is important for you to know I voted for the $1.3-trillion tax in 2001. I was one of twenty-seven Democrats that crossed party lines in order to vote for this legislation. I voted for the elimination of the marriage-penalty tax. I voted for the elimination of the so-called death tax. I am not adverse to cutting taxes. I thought they were appropriate taxes to cut. I also did it in an atmosphere where we had a $5.6 trillion surplus in this country; there was no war against terrorism, no war in Iraq, no such thing as homeland security needs. This time, Congress passed a budget containing tax cuts of over $1.2 trillion, none of which is designed to stimulate the economy. The cuts came at a time when we are running a $400-billion deficit, just this year alone, with no hope of turning that around for, at least, another decade. At a time when forty-two states, including the State of Nevada, are in fiscal crisis; at a time when we have no idea how long we will be in Iraq or how much it will cost. We don’t know how long the war on terrorism will be, where it will take us or what the ultimate cost of the war will be. This is a time when the baby boomers are thinking about retiring and expecting their Social Security checks. This is also a time when we have been under great pressure to finally deliver on a prescription medication benefit that we have been promising the United States of America for the last eight years. To fund the tax cuts, the administration proposes the following cuts in the federal budget which will impact Nevada. A 7.8 percent cut in the federal highway fund. A 7.8 percent cut does not sound like a lot, but Nevada’s share totals $16 million which equates to 760 construction jobs that will be lost if we cut the federal highway dollars by 7.8 percent. At a time when our economy is soft, we cannot afford to lose one job, let alone 760 jobs. If you want to talk about stimulating the economy, laying people off is not the way. A $250-billion cut to Medicaid and Medicare over the next 10 years translates to a $1.2-billion cut to the State of Nevada. That would have devastating consequences on our state budget, and I think, you in this room know far better than I the cost of your Medicaid programs. Talk to the doctors about cutting Medicare. Many doctors are calling my office and telling me they are not going to treat senior citizens because they are not able to afford to any more. There is a limit to waste, fraud and abuse, and if you talk to our doctors, they will tell you they are there now.

    The proposed education budget is flat. That has devastating consequences for growth states like Nevada. The 2004 education budget eliminates 47 education programs. The program that leapt to my eyes when I reviewed it was the dropout-prevention program. It has been zeroed out. Nevada has one of the highest dropout rates in the United States. We cannot afford to lose a penny of dropout-prevention money. Quite the contrary, we need far more. The No Child Left Behind program was $9 billion below the amount authorized for 2004. What this should be called is “Leave Every Child Behind.” It doesn’t matter if the programs are passed if there is no money to fund them. After school programs had a 41-percent cut. Ask Sheriff Young what this will do to the crime rate in southern Nevada. He will tell you, as he told me, that if we eliminate the after school programs, juvenile crime between 3:00 p.m. to 8:00 p.m. is going to skyrocket. That is obvious for societal reasons in southern Nevada, and I suspect throughout the State of Nevada. We cannot afford to do without these programs. They make our Nation better, make our Nation stronger, make our State better and make the people we represent better citizens and a part of the American dream. That is our responsibility to the people we represent.

    I love my job. It is an honor to serve in the United States House of Representatives and represent your hometown. When we first moved to Las Vegas, when I was eleven years old, the first thing we did when we drove into town was to drive down the Las Vegas strip. I remember thinking to myself, this is the most incredible street that I have ever seen. I drive down that street 40 years later, and I have the same reaction. I know how blessed I am that my family decided to make Nevada its home 40 years ago. I am grateful to all of you and to the people of southern Nevada for giving me an opportunity to represent them in our Nation’s capitol. I also want to take this opportunity to tell all of you how much I admire the work that you do during extraordinarily difficult times. We, in public service, have a responsibility to the people we represent. It is easy to fill that responsibility when things are good, the economy is strong, our Nation is at peace and everybody feels good. It is a little more challenging when things aren’t going as well. I have great faith in this Nation, the people I represent and all of the people of the great State of Nevada. When I stand up on the floor of the House and start speaking about the great State of Nevada, I don’t say it as a throw-away line. It is a great state, a wonderful state, and you do a remarkable job. I want to thank you on behalf of the people I represent to the people you represent. Thank you and God bless.

    Senator Titus moved that the Senate and Assembly in Joint Session extend a vote of thanks to Representative Berkley for her timely, able and constructive message.

    Motion carried.

    The Committee on Escort escorted Representative Berkley to the bar of the Assembly.

    Senator Schneider moved that the Joint Session be dissolved.

    Motion carried.

    Joint Session dissolved at 5:52 p.m.


SENATE IN SESSION

    At 5:56 p.m.

    President Hunt presiding.

    Quorum present.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

    On request of Senator Amodei, the privilege of the floor of the Senate Chamber for this day was extended to the following students and faculty from the Carson High School: Karissa Block, Tania Figueroa, Molly Fronapfel, Murphy Gardner, Margaret Gebhardt, Mitchell Grover, Tiffany Halen, Kendra Jones, Ashley Kottke, Lisamarie Lindberg, Jack Maloney, Constance McAlman, Keley Perry, Travis Trethan, Kameron-Chelsea Vindtola, Samantha Wang, Linsey Wegener, Pia Wendell, Aaron Morritsen, Meaghan Antle, John Berger, Jessica Goddard, Erin Holderman, Stephanie Mercier, Richard Panozzo, Todd Parker, Elizabeth Ranki, Quinn Reid, Annamarie Theuret, Dean Wildman, Logan Young, Joy-el Ellington, Robert Reynolds, Kayla Olson, Christel William, Charles Ferreira, Sarah Hutchinson, Michelle Summers, Jim Gustafson, Janae Baldwin, Teneya Cramer, Chrystal Martens, Ben Auer, Christina Hanson; faculty: Sarah Adler and Patt Quinn-Davis.

    On request of Senator Care, the privilege of the floor of the Senate Chamber for this day was extended to Jenny Care.

    On request of Senator Carlton, the privilege of the floor of the Senate Chamber for this day was extended to Maren Foley.

    On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to the following residents and staff from the Promenade on the River: Jane Levitt, Alice Chameides, Millie Potter, Virginia Kimball, Lucille Franchini, Helen Jackson, Amelia Klink, Edna Pearl; staff: Nancy Shapiro and Bonnie Golde.

    On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Andy Spaulding, Ph.D.

    Senator Raggio moved that the Senate adjourn until Wednesday, April 16, 2003, at 10:30 a.m.

    Motion carried.

    Senate adjourned at 5:57 p.m.

Approved:                                                                  Lorraine T. Hunt

                                                                                   President of the Senate

Attest:    Claire J. Clift

                Secretary of the Senate