THE NINETY-SIXTH DAY

THE NINETY-SIXTH DAY

Carson City (Friday), May 9, 2003

Senate called to order at 10:25 a.m.

President Hunt presiding.

Roll called.

All present except Senator Schneider, who was excused.

Prayer by the Chaplain, Pastor Albert Tilstra.

Lord, thank You for all the mothers, here, in the Legislature and all across America. The mothers and the grandmothers, here, in the Senate have families at home. Please watch over them. Thank You for those who are at the workplace faithfully providing for their families. As they balance deadlines, coworkers, supervisors and all the duties that fill their days, give them a sense of peace about their children’s care and well being. Bless the people who are watching the children of the mothers at work.

Help all mothers and grandmothers, wherever they may be, to appreciate each other’s sacrifices and to respect their different decisions. Certainly, all mothers are deserving of our greatest thanks and admiration.

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 Assembly Bills Nos. 231, 294, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Commerce and Labor, to which were referred Assembly Bills Nos. 79, 212, 232, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Commerce and Labor, to which was referred Assembly Bill No. 443, has had the same under consideration, and begs leave to report the same back with the recommendation: Without recommendation and re-refer to the Committee on Judiciary.

Randolph J. Townsend, Chairman

Madam President:

Your Committee on Finance, to which were re-referred Senate Bills Nos. 49, 371, 457, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Finance, to which were referred Senate Bills Nos. 81, 413, 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 Assembly Bills Nos. 315, 510, 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 were referred Assembly Bills Nos. 396, 509, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Also, your Committee on Human Resources and Facilities, to which was referred Senate Concurrent Resolution No. 29, has had the same under consideration, and begs leave to report the same back with the recommendation: Be adopted.

Raymond D. Rawson, Chairman

Madam President:

Your Committee on Judiciary, to which were referred Senate Bill No. 494, Assembly Bills Nos. 78, 89, 103, 341, 448, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Mark E. Amodei, Chairman

Madam President:

Your Committee on Legislative Affairs and Operations, to which was referred Senate Bill No. 216, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Maurice E. Washington, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 6, 2003

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day passed Senate Bills Nos. 79, 84, 107, 113, 172, 224, 269, 277, 337, 397, 412, 484; Senate Joint Resolutions Nos. 1, 2.

Also, I have the honor to inform your honorable body that the Assembly on this day passed, as amended, Assembly Bills Nos. 25, 325, 473; Assembly Joint Resolution No. 12; Assembly Joint Resolution No. 3 of the 71st Session.

Also, I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolution No. 22; Senate Concurrent Resolution No. 34.

Also, I have the honor to inform your honorable body that the Assembly on this day appointed Assemblymen Conklin, Carpenter and Claborn as a first Conference Committee concerning Assembly Bill No. 55.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

By Senators Titus, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O'Connell, Raggio, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Townsend, Washington, Wiener; Assemblymen Giunchigliani, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, 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. 35—Honoring former President Jimmy Carter for receiving the Nobel Peace Prize for 2002.

Whereas, James Earl Carter, Jr., the 39th President of the United States, was born on October 1, 1924, in the small farming town of Plains, Georgia, the first President to be born in a hospital, and spent his boyhood days in the nearby community of Archery, Georgia; and

Whereas, He attended the Plains public schools, Georgia Southwestern College and the Georgia Institute of Technology, received a bachelor of science degree from the United States Naval Academy and did graduate work in reactor technology and nuclear physics at Union College in Schenectady, New York; and

Whereas, During his career in the Navy, Jimmy Carter served as a submariner in both the Atlantic and Pacific Fleets, attained the rank of lieutenant and was chosen by Admiral Hyman Rickover for the nuclear submarine program; and

Whereas, On July 7, 1946, Rosalynn Smith became Jimmy Carter’s bride, and 7 years later when his father died, Jimmy and Rosalynn moved to Plains to carry on the work on the farms belonging to the Carter family and to operate a seed and farm supply company; and

Whereas, Jimmy Carter served the community of Plains in various local organizations before becoming involved in state politics in 1962, when he was elected to the Senate of Georgia, and after losing one gubernatorial race, he became the 76th Governor of Georgia in 1971, a position in which he manifested skills in mediation through his intervention to prevent violence and find peaceful solutions to heated racial conflicts; and

Whereas, On December 12, 1974, Jimmy Carter threw his hat into the ring for nomination to the Office of President of the United States, a nomination that he won on the first ballot, and was elected to that Office on November 2, 1976; and

Whereas, During his years as President, Jimmy Carter’s contributions in foreign policy were outstanding accomplishments that endure today, the Panama Canal Treaties, the Camp David Accords, the treaty of peace between Egypt and Israel, the SALT II Treaty and the initiation of diplomatic relations with the People’s Republic of China; and

Whereas, The establishment of the Department of Energy and the Department of Education and the signing of the Civil Service Reform Act of 1978 and Alaska National Interest Lands Conservation Act of 1980 distinguished President Carter’s domestic policy; and

Whereas, After stepping down from the responsibility of making the decisions that shaped the policies of the Nation, Jimmy Carter delved into pursuits that have contributed several lifetimes’ worth of positive deeds to his community, this nation and the international community by serving as University Distinguished Professor at Emory University in Atlanta, Georgia, teaching Sunday School and serving as a deacon in his local church, volunteering along with Rosalynn for Habitat for Humanity, authoring 16 books and founding the world renowned Carter Center; and

Whereas, The Carter Center, whose goals are to “resolve conflict, promote democracy, protect human rights, and prevent disease and other afflictions” celebrated its 20th anniversary in 2002 and has truly exemplified the tremendous amount of incredible action that can result from genuine commitment to noble goals; and

Whereas, To honor Jimmy Carter “for his decades of untiring effort to find peaceful solutions to international conflicts, to advance democracy and human rights, and to promote economic and social development,” the Norwegian Nobel Committee, on December 10, 2002, awarded Jimmy Carter the esteemed Nobel Peace Prize; and

Whereas, Although the coveted medal, diploma and monetary prize awarded by the Committee are material manifestations of the world’s gratitude to this humble man, they pale when compared to the love and admiration in the hearts of the myriads for whom James Earl Carter, Jr., has made this world a better place and served as a role model for true public service; 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 honor our former President with this resolution for his receipt of the Nobel Peace Prize; and be it further

Resolved, That the Legislators of the State of Nevada express their admiration and gratitude to Jimmy Carter for his lifetime of dedication to promoting peace, democracy and human rights throughout the world; and be it further

Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Jimmy and Rosalynn Carter.

Senator Titus moved the adoption of the resolution.

Remarks by Senator Titus.

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

Several months ago, we took a few moments to honor former President Ronald Reagan on his 90th birthday. Today, we honor another former president, Jimmy Carter, who recently received the Nobel Peace Prize for “his decades of untiring effort to find peaceful solutions to international conflicts, to advance democracy and human rights, and to promote economic and social development.

His works since leaving the White House include Habitat for Humanity, a nonprofit organization that helps needy people in the United States and other countries renovate and build houses for them, and the Carter Center that promotes the creation of a caring global community where disease, war and oppression are targets for elimination.

On your desks are brochures about the excellent work of the Carter Center and a biography of President Carter. I also have a 10-minute video in my office if anyone would like to watch it. I had hoped to show it here in the Chamber, like the Reagan video, but because we are nearing the end of session and pressed for time, I will make it available on an individual basis.

During these uncertain times, it is important to commemorate the good things that are being done to promote peace.

Resolution adopted.

Senator Titus moved that all rules be suspended and that Senate Concurrent Resolution No. 35 be immediately transmitted to the Assembly.

Motion carried unanimously.

Resolution ordered transmitted to the Assembly.

Senator Raggio moved that for this legislative day, the Secretary of the Senate dispense with reading the histories and titles of all bills and resolutions.

Remarks by Senator Raggio.

Motion carried.

Assembly Concurrent Resolution No. 22—Commending the Highway Watch program and the planned participation of the Nevada Motor Transport Association in this nationwide effort to improve the safety and security of America’s highways.

Whereas, Trucking is a large and diverse industry with more than 3 million drivers who are a potential army of eyes and ears to monitor for security threats and highway dangers; and

Whereas, There has been a sharp increase in traffic congestion, crime and road rage that make our nation’s highways more treacherous and make providing assistance to those in need more challenging than ever before in our history; and

Whereas, There are more than 83,000 wireless calls from motorists to emergency centers each day, but many callers do not know their location, particularly at night or during the emotional strain of an emergency situation, and there are more than 41,000 traffic fatalities each year with approximately half of these deaths occurring before victims reach medical care facilities; and

Whereas, Highway Watch, which began in Colorado in November 1998, strives to reduce the number of highway accidents, serious injuries and deaths through the identification of unsafe drivers, drunken driving, poor road or weather conditions, poor highway or construction zone signage, and motorists displaying road rage; and

Whereas, Highway Watch is a volunteer effort of dedicated professional truck drivers who are committed to guarding the welfare of the motoring public and strengthening the security of the United States in these uncertain times; and

Whereas, Through the Highway Watch program, an elite group of professional truck drivers are specially trained to use their wireless location and communication technology to report accidents, breakdowns, hazardous conditions and other highway dangers to an operator who takes the report from the driver and contacts the proper authorities as determined by each individual state; and

Whereas, The American Trucking Associations, in partnership with the Federal Motor Carrier Safety Administration of the United States Department of Transportation, administers Highway Watch by providing grant money to participating states; and

Whereas, The American Trucking Associations reports that Highway Watch is formed through a network of partnerships, including the trucking industry, law enforcement agencies, and state and federal departments of transportation; and

Whereas, The state trucking associations are the heart of the Highway Watch program which is currently operating in Alabama, Arizona, Arkansas, Colorado, Florida, Kansas, Kentucky, Maryland, Minnesota, Mississippi, Montana, New York, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Virginia, Washington, West Virginia and Wisconsin; and

Whereas, The Nevada Motor Transport Association is willing to operate the Highway Watch program within this state and establish the basic operational procedures of the program concerning, without limitation, driver qualification, training format, frequency of training sessions, and recruitment of drivers and safety directors; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the American Trucking Associations and the dedicated professional truck drivers participating in Highway Watch are hereby commended for their efforts to improve today’s travel environment and to increase the safety and security of the nation’s highways; and be it further

Resolved, That the Nevada Motor Transport Association is hereby commended for its commitment to take on the responsibility of coordinating and administering the Highway Watch program in our state; and be it further

Resolved, That, once it is implemented in Nevada, Highway Watch will make a significant contribution to highway safety and will aid the national effort to monitor potential security concerns; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Daryl E. Capurro, Managing Director of the Nevada Motor Transport Association.

Senator Shaffer moved the adoption of the resolution.

Remarks by Senator Shaffer.

Senator Shaffer requested that his remarks be entered in the Journal.

Thank you, Madam President. The Nevada Motor Transport Association is joining in a planned participation with the Highway Watch program. It is a well-thought-out program with over three million drivers on the highways at any given time. This watch program will improve the safety and security of our highways in a time of terrorist concerns. It will be a way to improve today’s travel with many eyes watching out over the highways for various situations or for troubles of any kind.

Resolution adopted.

Resolution ordered transmitted to the Assembly.

Senator Amodei moved that Assembly Bill No. 155 be taken from the Secretary's desk and placed on the bottom of the General File.

Remarks by Senator Amodei.

Motion carried.

By the Committee on Human Resources and Facilities:

Senate Concurrent Resolution No. 36—Expressing the support of the Nevada Legislature for the four long-term strategic plans developed by the Department of Human Resources concerning the health care needs of the residents of Nevada.

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

Motion carried.

By the Committee on Commerce and Labor:

Senate Concurrent Resolution No. 37—Directing the Legislative Commission to conduct an interim study of geoexchange technology.

Senator Townsend moved that the resolution be referred to the Committee on Legislative Affairs and Operations.

Motion carried.

Assembly Joint Resolution No. 3 of the 71st Session.

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

Motion carried.

Assembly Joint Resolution No. 12.

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

Motion carried.

Senator Nolan moved that Assembly Bill No. 57 be taken from the General File and placed on the Secretary’s desk.

Remarks by Senator Nolan.

Motion carried.

Senator Shaffer moved that Assembly Bill No. 239 be taken from the General File and placed on the Secretary’s desk.

Remarks by Senator Shaffer.

Motion carried.

Senator Townsend moved that Assembly Bill No. 443 be re-referred to the Committee on Judiciary.

Remarks by Senator Townsend.

Motion carried.

Senator Titus moved that Assembly Bill No. 427 be taken from the General File and placed on the Secretary’s desk.

Remarks by Senator Titus.

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

Assembly Bill No. 25.

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

Motion carried.

Assembly Bill No. 325.

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

Motion carried.

Assembly Bill No. 473.

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

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 247.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 611.

Amend section 1, page 1, line 6, by deleting “$400,000” and inserting “$215,593”.

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. 314.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 610.

Amend the bill as a whole by deleting section 1 and adding a new section 1, following the enacting clause, to read as follows:

“Section 1. 1. The Department of Taxation shall collect primary and supplementary data concerning electronic commerce that is conducted in this state.

2. The primary data collected must include, without limitation:

(a) The number of retailers domiciled in this state who are engaged in electronic commerce.

(b) The gross retail sales of such retailers that are derived from electronic commercial transactions.

(c) An estimate of the number of electronic commercial transactions conducted in this state by retailers operating within this state. The estimate must be based on generally accepted standards of scientific sampling.

(d) An estimate of the number of electronic commercial transactions conducted outside the State by retailers operating within this state. The estimate must be based on generally accepted standards of scientific sampling.

(e) An estimate of the total value of electronic commercial transactions conducted by retailers operating within this state.

(f) An estimate of revenues from the sales and use taxes that are not collected because electronic commercial transactions are conducted outside the State.

(g) An estimate of all revenue paid to the State by retailers who are engaged in electronic commerce.

3. The supplementary data collected must include, without limitation, information concerning electronic commerce that is available from the Bureau of the Census of the United States Department of Commerce, the Small Business Administration and any other federal agency or affiliated state data center that collects such information.

4. To comply with the requirements of this section, the Department of Taxation may collect information that is available from a private or academic organization if the name of the organization and the methods of research used by that organization are clearly stated within the text of the report required to be prepared by subsection 5. The Department of Taxation shall not use in the report as an authoritative source a study conducted by a private or academic organization that is speculative or based on unscientific methods of research.

5. The Department of Taxation shall prepare a written report that contains a compilation of the data required to be collected pursuant to this section. The report must include an analysis of the financial impact more stringent requirements for the collection of the sales and use taxes on electronic commerce would have on retailers in this state who are engaged in electronic commerce. The report must be submitted to the Director of the Legislative Counsel Bureau on or before February 1, 2005, for transmittal to the 73rd session of the Legislature.

6. As used in this section:

(a) “Electronic commerce” means the sale of personal property by a retailer on an Internet or network site.

(b) “Internet or network site” has the meaning ascribed to it in NRS 205.4744.

(d) “Use tax” has the meaning ascribed to it in NRS 360B.100.”.

Amend sec. 2, page 3, line 4, by deleting “2003.” and inserting: “2003, and expires by limitation on June 30, 2005.”.

Amend the title of the bill to read as follows:

“AN ACT relating to taxation; requiring the Department of Taxation to collect and compile certain information concerning electronic commerce and prepare and submit a report of the compilation to the 73rd session of the Legislature.”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 409.

Bill read second time.

The following amendment was proposed by the Committee on Finance:

Amendment No. 306.

Amend section 1, page 1, after “2.” by inserting: “Each justice of the peace or municipal judge who is allowed and who elects to participate in the Judicial Retirement Plan pursuant to this section must receive benefits for retirement, benefits for disability and survivor benefits under the Judicial Retirement Plan, if eligible to receive such benefits under the Judicial Retirement Plan.

3.”.

Amend section 1, page 2, line 4, by deleting “3.” and inserting “4.”.

Amend section 1, page 2, line 11, by deleting “4.” and inserting “5.”.

Amend section 1, page 2, between lines 20 and 21, by inserting:

“6. A justice of the peace or municipal judge who exercises the option granted by this section may not reestablish the service for which the liabilities were transferred.

7. No justice of the peace or municipal judge or survivor of a justice of the peace or municipal judge may receive benefits under both this chapter and chapter 286 of NRS.

8. A justice of the peace or municipal judge or survivor of a justice of the peace or municipal judge who is receiving a retirement allowance from the Public Employees’ Retirement System on July 1, 2003, is not eligible for transfer to the Judicial Retirement Plan.”.

Amend the bill as a whole by renumbering sec. 3 as sec. 4 and adding a new section designated sec. 3, following sec. 2, to read as follows:

“Sec. 3. NRS 1A.040 is hereby amended to read as follows:

1A.040 “Disability retirement allowance” means monthly payments from the Judicial Retirement Fund paid to disabled retired justices of the Supreme Court , ~~[or]~~ district judges , justices of the peace or municipal judges pursuant to the Judicial Retirement Plan.”.

Amend the bill as a whole by renumbering sec. 4 as sec. 10 and adding new sections designated sections 5 through 9, following sec. 3, to read as follows:

“Sec. 5. NRS 1A.070 is hereby amended to read as follows:

1A.070 “Service” means all creditable employment which is validated pursuant to the provisions of this chapter and can be used in determining eligibility and scope of benefits for justices of the Supreme Court , ~~[or]~~ district judges , justices of the peace or municipal judges pursuant to the Judicial Retirement Plan.

Sec. 6. NRS 1A.080 is hereby amended to read as follows:

1A.080 “Service retirement allowance” means monthly payments from the Judicial Retirement Fund paid to a retired justice of the Supreme Court , ~~[or]~~ district judge , justice of the peace or municipal judge pursuant to the Judicial Retirement Plan for the remainder of his life.

Sec. 7. NRS 1A.100 is hereby amended to read as follows:

1A.100 1. A system of retirement providing benefits for the retirement, disability or death of all justices of the Supreme Court and district judges , and certain justices of the peace and municipal judges, and funded on an actuarial reserve basis is hereby established and must be known as the Judicial Retirement System.

2. The System consists of the Judicial Retirement Plan and the provisions set forth in NRS 2.060 to 2.083, inclusive, and 3.090 to 3.099, inclusive, for providing benefits to justices of the Supreme Court or district judges who served either as a justice of the Supreme Court or district judge before November 5, 2002. Each justice of the Supreme Court or district judge who is not a member of the Public Employees’ Retirement System is a member of the Judicial Retirement System.

3. The official correspondence and records, other than the files of individual members of the System or retired justices or judges, and the minutes and books of the System are public records and are available for public inspection.

4. The System must be administered exclusively by the Board, which shall make all necessary rules and regulations for the administration of the System. The rules must include, without limitation, rules relating to the administration of the retirement plans in accordance with federal law. The Legislature shall regularly review the System.

Sec. 8. NRS 1A.110 is hereby amended to read as follows:

1A.110 All records maintained for a member of the System, retired justice or judge, justice of the Supreme Court or district judge who retired pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive, or his beneficiary may be reviewed and copied only by the System, the member, the Court Administrator, the board of county commissioners if the records concern a justice of the peace or retired justice of the peace whom the board of county commissioners allowed to participate in the Judicial Retirement Plan pursuant to section 1 of this act, the city council if the records concern a municipal judge or retired municipal judge whom the city council allowed to participate in the Judicial Retirement Plan pursuant to section 1 of this act, the spouse of the member, or the retired justice or judge or his spouse, or pursuant to a court order, or by a beneficiary after the death of the justice or judge on whose account benefits are received pursuant to the System. Any member, retired justice or judge, justice of the Supreme Court or district judge who retired pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive, or beneficiary may submit a written waiver to the System authorizing his representative to review or copy all such records.

Sec. 9. NRS 1A.160 is hereby amended to read as follows:

1A.160 1. The Judicial Retirement Fund is hereby established as a trust fund.

2. It is hereby declared to be the policy of the Legislature that the Judicial Retirement Fund is established to afford a degree of security to long‑time justices of the Supreme Court , ~~[and]~~ district judges , justices of the peace and municipal judges in this state. The money in the Fund must not be used or appropriated for any purpose incompatible with the provisions of this chapter or NRS 2.060 to 2.083, inclusive, or 3.090 to 3.099, inclusive. The Fund must be invested and administered to ensure the highest return consistent with safety in accordance with accepted investment practices.

3. All money appropriated by the Legislature to the Judicial Retirement Fund, all money submitted to the System for deposit in the Fund pursuant to NRS 1A.180 and all income accruing to the Fund from all other sources must be deposited in the Fund.

4. The interest and income earned on the money in the Judicial Retirement Fund, after deducting any applicable charges, must be credited to the Fund.

5. The System must pay all retirement allowances, benefits, optional settlements and other obligations or payments payable by the System pursuant to this chapter and NRS 2.060 to 2.083, inclusive, and 3.090 to 3.099, inclusive, from the Judicial Retirement Fund. The money in the Fund must be expended by the Board for the payment of expenses authorized by law to be paid from the Fund.”.

Amend the bill as a whole by renumbering sec. 5 as sec. 27 and adding new sections designated sections 11 through 26, following sec. 4, to read as follows:

“Sec. 11. NRS 1A.220 is hereby amended to read as follows:

1A.220 1. The Board, subject to the limitations of this chapter, is responsible for managing the System.

2. The Board shall:

(a) Arrange for a biennial actuarial valuation and report of the actuarial soundness of the System to be prepared by an independent actuary based upon data compiled and supplied by employees of the System, and shall adopt actuarial tables and formula prepared and recommended by the actuary;

(b) Provide for a biennial audit of the System, including, without limitation, the Judicial Retirement Administrative Fund, by an independent certified public accountant; and

(c) Provide an annual report concerning the Judicial Retirement System established pursuant to this chapter to the Court Administrator, each board of county commissioners that allows a justice of the peace to participate in the Judicial Retirement Plan pursuant to section 1 of this act, each city council that allows a municipal judge to participate in the Judicial Retirement Plan pursuant to section 1 of this act, the Governor and each member of the Legislature, and make the report available to all members of the Judicial Retirement System upon request. The report must contain, when available, a review of the actuarial valuation required by paragraph (a).

3. The Board may:

(a) Adjust the service or correct the records, allowance or benefits of any member of the System, retired justice or judge or beneficiary after an error or inequity has been determined, and require repayment of any money determined to have been paid by the System in error, if the money was paid within 6 years before demand for its repayment.

(b) Examine and copy personnel and financial records of ~~[a]~~ :

(1) A justice of the Supreme Court or district judge that are maintained by the Court Administrator.

(2) A justice of the peace who participates in the Judicial Retirement Plan pursuant to section 1 of this act that are maintained by a county.

(3) A municipal judge who participates in the Judicial Retirement Plan pursuant to section 1 of this act that are maintained by a city.

(c) Require an annual notarized statement from a retired justice or judge or beneficiary that he is in fact receiving an allowance or benefits, and withhold the allowance or benefits if he fails to provide the statement.

4. As used in this section, “error or inequity” means the existence of extenuating circumstances, including, without limitation, a member’s reasonable and detrimental reliance on representations made by the System which prove to be erroneous, or the mental incapacity of the member.

Sec. 12. NRS 1A.250 is hereby amended to read as follows:

1A.250 Except as specifically provided in this chapter, the accounts of members of the System and recipients of benefits of the System must be administered in accordance with the provisions of chapter 286 of NRS as if the justice of the Supreme Court , ~~[or]~~ the district judge , the justice of the peace or the municipal judge were or had been a member of the Public Employees’ Retirement System.

Sec. 13. NRS 1A.260 is hereby amended to read as follows:

1A.260 1. No person may become a member of the Judicial Retirement System unless he is a justice of the Supreme Court or a district judge ~~[.]~~ , or a justice of the peace or municipal judge who is allowed and elects to participate in the Judicial Retirement Plan pursuant to section 1 of this act.

2. Except as otherwise provided in NRS 1A.370, persons retired under the provisions of this chapter who are employed as a justice of the Supreme Court , ~~[or]~~ district judge , justice of the peace or municipal judge in any judicial capacity, including, without limitation, employment as a senior justice , ~~[or]~~ senior judge , senior justice of the peace or senior municipal judge of the Nevada Court System, are not eligible to become members of the System.

Sec. 14. NRS 1A.290 is hereby amended to read as follows:

1A.290 1. Membership of a justice of the Supreme Court or a district judge in the System terminates upon:

(a) The death of ~~[a]~~ the member;

(b) Receipt of retirement allowances by ~~[a]~~ the member of the Judicial Retirement Plan or retirement benefits pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive; or

(c) Receipt of disability allowances by ~~[a]~~ the member of the Judicial Retirement Plan or disability benefits pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive.

2. Membership of a justice of the peace or municipal judge in the System terminates upon:

(a) The death of the member;

(b) Receipt of retirement allowances; or

(c) Receipt of disability allowances.

3. A retired justice or judge is not entitled to any right conferred by this chapter upon a member of the System unless the provision conferring that right expressly states that it is conferred upon a retired justice or judge.

~~[3.]~~ 4. A justice of the Supreme Court or a district judge who retired pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive, is not entitled to any right conferred by this chapter upon a member of the System unless the provision conferring that right expressly states that it is conferred upon a justice or judge who retired pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive.

Sec. 15. NRS 1A.300 is hereby amended to read as follows:

1A.300 1. A plan under which all justices of the Supreme Court and district judges who are elected or appointed for the first time as either a justice of the Supreme Court or district judge on or after November 5, 2002, and who take office on or after January 1, 2003, and who do not elect to remain in the Public Employees’ Retirement System, if eligible to do so, must receive benefits for retirement, disability and death , and under which justices of the peace and municipal judges who are allowed to participate in the plan pursuant to section 1 of this act may receive benefits for retirement, disability and death, is hereby established and must be known as the Judicial Retirement Plan.

2. Each justice of the Supreme Court or district judge elected or appointed for the first time as either a justice of the Supreme Court or district judge on or after November 5, 2002, and who takes office on or after January 1, 2003, and who does not elect pursuant to NRS 1A.280 to remain in the Public Employees’ Retirement System, if eligible to do so, is a member of the Judicial Retirement Plan.

3. Each justice of the peace and municipal court judge who is allowed and who elects to participate in the Judicial Retirement Plan pursuant to section 1 of this act is a member of the Judicial Retirement Plan.

4. Benefits are earned pursuant to the Judicial Retirement Plan in the manner set forth in NRS 1A.120 to 1A.150, inclusive, 1A.190, 1A.240 and 1A.310 to 1A.670, inclusive.

Sec. 16. NRS 1A.360 is hereby amended to read as follows:

1A.360 1. Except as otherwise provided in subsection 4 and NRS 1A.370 and 1A.380, if a retired justice or judge accepts employment as a justice of the Supreme Court , ~~[or]~~ district judge , justice of the peace or municipal judge in any judicial capacity, including, without limitation, employment as a senior justice , ~~[or]~~ senior judge , senior justice of the peace or senior municipal judge of the Nevada Court System, he is disqualified from receiving any allowances under the Judicial Retirement Plan for the duration of his active service.

2. If a retired justice or judge accepts any employment other than that described in subsection 1, the justice or judge is entitled to the same allowances as a retired justice or judge who has no employment.

3. If a retired justice or judge who accepts employment as a justice of the Supreme Court , ~~[or]~~ district judge , justice of the peace or municipal judge in a judicial capacity pursuant to this section elects not to reenroll in the Judicial Retirement Plan pursuant to subsection 1 of NRS 1A.370, the Court Administrator if the retired justice or judge is a justice of the Supreme Court or a district judge, the county if the retired justice or judge is a justice of the peace or the city if the retired justice or judge is a municipal judge, may pay contributions on behalf of the retired justice or judge to a retirement fund which is not a part of the Judicial Retirement Plan in an amount not to exceed the amount of the contributions that the Court Administrator , county or city would pay to the System on behalf of a participating justice or judge who is employed in a similar position.

4. The System may waive , for one period of 30 days or less , a retired ~~[justice’s]~~ justice of the Supreme Court’s or district judge’s disqualification under this section if the Chief Justice of the Supreme Court certifies in writing, in advance, that the retired justice or judge is recalled to meet an emergency and that no other qualified person is immediately available. The System may waive, for one period of 30 days or less, a retired justice of the peace’s disqualification under this section if the county commission of the jurisdiction in which the justice of the peace is to be assigned certifies in writing, in advance, that the retired justice of the peace is recalled to meet an emergency and that no other qualified person is immediately available. The System may waive, for one period of 30 days or less, a retired municipal judge’s disqualification under this section if the city council of the jurisdiction in which the municipal judge is to be assigned certifies in writing, in advance, that the retired municipal judge is recalled to meet an emergency and that no other qualified person is immediately available.

Sec. 17. NRS 1A.360 is hereby amended to read as follows:

1A.360 1. Except as otherwise provided in subsection 4 and NRS 1A.370, if a retired justice or judge accepts employment as a justice of the Supreme Court , ~~[or]~~ district judge , justice of the peace or municipal judge in any judicial capacity, including, without limitation, employment as a senior justice , ~~[or]~~ senior judge , senior justice of the peace or senior municipal judge of the Nevada Court System, he is disqualified from receiving any allowances under the Judicial Retirement Plan for the duration of his active service.

Sec. 18. NRS 1A.370 is hereby amended to read as follows:

1A.370 1. A retired justice or judge who accepts employment as a justice of the Supreme Court , ~~[or]~~ district judge , justice of the peace or municipal judge in any judicial capacity, including, without limitation, employment as a senior justice , ~~[or]~~ senior judge , senior justice of the peace or senior municipal judge of the Nevada Court System, may enroll in the Judicial Retirement Plan as of the effective date of that employment. As of the date of enrollment:

(a) He forfeits all retirement allowances for the duration of that employment; and

(b) Except as otherwise required as a result of NRS 1A.400 or 1A.410, if the duration of the employment is at least 6 months, he gains additional service credit for that employment and is entitled to have a separate service retirement allowance calculated based on his compensation and service, effective upon the termination of that employment. If the duration of the employment is:

(1) Less than 5 years, the additional allowance must be added to his original allowance and must be under the same option and designated the same beneficiary as the original allowance; or

(2) Five years or more, the additional allowance may be under any option and designate any beneficiary in accordance with NRS 1A.430.

2. The original service retirement allowance of such a retired justice or judge must not be recalculated based upon the additional service credit, nor is he entitled to any of the rights of membership that were not in effect at the time of his original retirement. The accrual of service credit pursuant to this section is subject to the limits imposed by:

(a) NRS 1A.440; and

(b) Section 415 of the Internal Revenue Code, 26 U.S.C. § 415.

3. Except as otherwise required as a result of NRS 1A.400 or 1A.410, a retired justice or judge who has been receiving a retirement allowance pursuant to the Judicial Retirement Plan and who is reemployed and is enrolled in the Plan for at least 5 years may have his additional credit for service added to his previous credit for service. This additional credit for service must not apply to more than one period of employment after the original retirement.

4. The survivor of a deceased member of the Judicial Retirement Plan who had previously retired and was reemployed and enrolled in the Plan, who qualifies for benefits pursuant to NRS 1A.340 and 1A.530 to 1A.670, inclusive, is eligible for the benefits based on the service accrued through the second period of employment.

Sec. 19. NRS 1A.380 is hereby amended to read as follows:

1A.380 1. The provisions of subsection 1 of NRS 1A.360 do not apply to a retired justice or judge who accepts employment as a justice of the Supreme Court , ~~[or]~~ district judge , justice of the peace or municipal judge in a judicial capacity if:

(a) He fills a position for which there is a critical labor shortage; and

(b) At the time of his reemployment, he is receiving:

(1) An unmodified benefit; or

(2) A benefit actuarially reduced pursuant to subsection 2 of NRS 1A.350 and has reached the required age at which he could have retired with an unmodified benefit.

2. A retired justice or judge who is reemployed under the circumstances set forth in subsection 1 may reenroll in the Judicial Retirement Plan as provided in NRS 1A.370.

3. The Supreme Court shall designate positions in the Judicial Branch of State Government for which there are critical labor shortages.

Sec. 20. NRS 1A.440 is hereby amended to read as follows:

1A.440 Except as otherwise required as a result of NRS 1A.400 or 1A.410:

1. Except as otherwise provided in this subsection, a monthly service retirement allowance must be determined by multiplying a member of the Judicial Retirement Plan’s average compensation by 3.4091 percent for each year of service, except that a member of the Plan is entitled to a benefit of not more than 75 percent of his average compensation with his eligibility for service credit ceasing at 22 years of service.

2. For the purposes of this section, “average compensation” means the average of a member of the Plan’s 36 consecutive months of highest compensation as certified by the Court Administrator ~~[.]~~ if the member is a justice of the Supreme Court or a district judge, by the county if the member is a justice of the peace or by the city if the member is a municipal judge.

Sec. 21. NRS 1A.470 is hereby amended to read as follows:

1A.470 1. In addition to the options provided in NRS 287.023 and subject to the requirements of that section, any justice of the Supreme Court , ~~[or]~~ district judge , justice of the peace or municipal judge who retires under the conditions set forth in NRS 1A.350 and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, has the option of having the Executive Officer of the Board deduct and pay his premium or contribution for that group insurance or medical and hospital service coverage, as well as the amount due or to become due upon any obligation designated by the Board pursuant to subsection 2, from his monthly retirement allowance until:

(a) He notifies the Executive Officer of the Board to discontinue the deduction; or

(b) Any of his dependents elect to assume the premium or contribution applicable to the dependent’s coverage before the death of such a retired justice or judge and continue coverage pursuant to NRS 287.023 after his death.

2. The Board may adopt regulations to carry out the provisions of subsection 1, including, without limitation, regulations governing the number and types of obligations, amounts for the payment of which may be deducted and paid by the Board at the option of the retired justice or judge pursuant to this section.

3. The Executive Officer of the Board, the Board and the System are not liable for any damages resulting from errors or omissions concerning the deductions and payment of premiums or contributions authorized pursuant to this section unless willful neglect or gross negligence is proven.

Sec. 22. NRS 1A.480 is hereby amended to read as follows:

1A.480 1. A member of the Judicial Retirement Plan who has 5 years or more of service credit and who becomes totally unable to perform his current job or any comparable job for which he is qualified by his training and experience ~~[,]~~ because of injury or mental or physical illness of a permanent nature is eligible to apply for disability retirement if:

(a) Except as otherwise provided in subsection 5, his employment as a justice of the Supreme Court , ~~[or]~~ district judge , justice of the peace or municipal judge will be terminated because of the disability;

(b) He is employed as a justice of the Supreme Court , ~~[or]~~ a district judge , a justice of the peace or a municipal judge at the time of application for disability retirement;

(c) He proves that his disability renders him unable to perform the duties of his present position and of any other position he has held within the past year;

(d) He files a notarized application for disability retirement with the System which indicates a selection of option and to which is attached a personal statement by the member of the Judicial Retirement Plan ~~[,]~~ describing the disability, the duties which he can and cannot perform, and any benefits he is entitled to receive for disability from any other public source; and

(e) The Court Administrator if the member is a justice of the Supreme Court or a district judge, the county if the member is a justice of the peace or the city if the member is a municipal judge, files an official statement certifying the member’s employment record, record of disability, absences that have occurred because of the disability, the effect upon the work of the member after the disability, and job functions that can and cannot be performed because of the disability.

2. Except as otherwise required as a result of NRS 1A.410, the amount of the disability retirement allowance must be calculated in the same manner as provided for service retirement calculations in NRS 1A.440, except that no reduction for the age of a member of the Judicial Retirement Plan may be made and that the allowance must be reduced by the amount of any other benefit received from any source on account of the same disability:

(a) If the benefit is provided or was purchased by the expenditure of money by a Nevada public employer; and

(b) To the extent that the total of the unmodified benefit and the other benefit would otherwise exceed his average compensation.

3. A member of the Judicial Retirement Plan may apply for disability retirement even if he is eligible for service retirement.

4. Each child of a deceased recipient of a disability retirement allowance is entitled to receive the benefits provided by NRS 1A.580 only if the decedent had not reached the age and completed the service required to be eligible for a service retirement allowance, except that these benefits must not be paid to anyone who is named as a beneficiary under one of the options to an unmodified allowance.

5. If a member of the Judicial Retirement Plan whose application for disability retirement has been:

(a) Approved ~~[,]~~ dies before his employment is terminated, but within 60 days after his application was approved; or

(b) Mailed before his death , as indicated by the date of the postmark dated by the post office on the envelope in which it was mailed, dies before the Board has acted upon his application and the Board approves thereafter his application,

his beneficiary is entitled to receive an allowance under the option selected rather than the benefit otherwise provided for a survivor.

6. The termination or adjustment of a disability retirement allowance resulting from the death of a recipient of an allowance pursuant to this section must not become effective until the first day of the month immediately following the death of the recipient.

7. As used in this section, “public employer” has the meaning ascribed to it in NRS 286.070.

Sec. 23. NRS 1A.510 is hereby amended to read as follows:

1A.510 1. Except as otherwise provided in subsection 2, whenever a recipient of a disability retirement allowance pursuant to NRS 1A.480 returns to employment as a justice of the Supreme Court , ~~[or]~~ district judge, justice of the peace or municipal judge, the allowance must be discontinued and his service credit at the time of disability retirement must be restored. The member shall retire under the same retirement plan previously selected for retirement on account of disability if he returns to disability retirement or elects service retirement within 1 year after his return to employment.

2. A recipient of a disability retirement allowance may be employed and continue to receive his allowance if he applies to the Board for approval of the employment before he begins to work and the Board approves his application. The application must include:

(a) A full description of the proposed employment; and

(b) A statement written by the member of the System declaring the reasons why the proposed employment should not be found to conflict with his disability.

Sec. 24. NRS 1A.570 is hereby amended to read as follows:

1A.570 1. Except as otherwise provided in subsection 3, if a deceased member of the Judicial Retirement Plan had 2 years of creditable service in the 2 1/2 years immediately preceding his death, or if the employee had 10 or more years of creditable service, certain of his dependents are eligible for payments as provided in NRS 1A.530 to 1A.670, inclusive. If the death of the member resulted from a mental or physical condition which required him to leave his position as a justice of the Supreme Court , ~~[or]~~ district judge , justice of the peace or municipal judge or go on leave without pay, eligibility pursuant to the provisions of this section extends for 18 months after his termination or commencement of leave without pay.

2. If the death of a member of the Judicial Retirement Plan occurs while he is on leave of absence for further training and if he met the requirements of subsection 1 at the time his leave began, certain of his dependents are eligible for payments as provided in subsection 1.

3. If the death of a member of the Judicial Retirement Plan is caused by an occupational disease or an accident arising out of and in the course of his employment, no prior creditable service is required to make his dependents eligible for payments pursuant to NRS 1A.530 to 1A.670, inclusive, except that this subsection does not apply to an accident occurring while the member is traveling between his home and his principal place of employment.

4. As used in this section, “dependent” includes a survivor beneficiary designated pursuant to NRS 1A.620.

Sec. 25. NRS 1A.670 is hereby amended to read as follows:

1A.670 The amount of each monthly allowance paid as specified in NRS 1A.580 to 1A.660, inclusive, must not exceed the deceased member of the Judicial Retirement Plan’s average compensation and must be reduced by the amount of any other benefit received from any source:

1. If that benefit was provided or purchased by the expenditure of money by this state ~~[,]~~ if the deceased member was a justice of the Supreme Court or district judge, by the county if the deceased member was a justice of the peace or by the city if the deceased member was a municipal judge, except for lump-sum payments under a group insurance program; and

2. To the extent that the total of the allowance and the other benefit would otherwise exceed the deceased member’s average compensation.

Sec. 26. NRS 286.293 is hereby amended to read as follows:

286.293 1. The following employees of public employers shall participate in the System:

(a) Those employed on or after July 1, 1977, in positions considered to be half-time or more according to the full-time work schedule established for that public employer.

(b) Elected officials or persons appointed to elective positions who are elected or appointed after July 1, 1975, except where excluded by NRS 286.297 ~~[.]~~ and except justices of the peace and municipal judges who are allowed and who elect to participate in the Judicial Retirement Plan pursuant to section 1 of this act.

(c) A member whose allowance is vested or who is contributing immediately before a legislative session who is employed on or after January 1, 1981, by either house of the Legislature or by the Legislative Counsel Bureau.

(d) A member of the Nevada Gaming Commission.

2. The Board shall establish standards for determining what constitutes a full-time work schedule pursuant to paragraph (a) of subsection 1.”

Amend sec. 5, page 4, by deleting line 3 and inserting:

“Sec. 27. 1. This section, sections 1 to 16, inclusive, and 18 to 26, inclusive, of this act become effective on July 1, 2003.

2. Section 17 of this act becomes effective at 12:01 a.m. on July 1, 2005.

3. Sections 16 and 19 of this act expire by limitation on June 30, 2005.”.

Amend the title of the bill, first line, by removing: “in skeleton form”.

Senator Raggio moved the adoption of the amendment.

Remarks by Senator Raggio.

Amendment adopted.

Bill ordered reprinted, engrossed and to third reading.

Senate Bill No. 416.

Bill read second time and ordered to third reading.

Assembly Bill No. 36.

Bill read second time and ordered to third reading.

Assembly Bill No. 81.

Bill read second time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 607.

Amend the bill as a whole by deleting sections 1 through 3 and renumbering sec. 4 as section 1.

Amend the title of the bill by deleting the first through fourth lines and inserting:

“AN ACT relating to intellectual property; authorizing award for treble damages, attorney’s”.

Amend the summary of the bill to read as follows:

“SUMMARY—Revises remedies available in certain actions relating to intellectual property. (BDR 52‑366)”.

Senator Townsend moved the adoption of the amendment.

Remarks by Senator Townsend.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 91.

Bill read second time and ordered to third reading.

Assembly Bill No. 213.

Bill read second time and ordered to third reading.

Assembly Bill No. 246.

Bill read second time and ordered to third reading.

Assembly Bill No. 256.

Bill read second time and ordered to third reading.

Assembly Bill No. 296.

Bill read second time.

The following amendment was proposed by the Committee on Commerce and Labor:

Amendment No. 609.

Amend sec. 2, page 1, by deleting line 8 and inserting: “photovoltaic system, if:

1. The system is installed on the premises of a retail customer; and

2. On an annual basis, at least 50 percent of the electricity generated by the system is utilized by the retail customer on that premises.”.

Amend sec. 3, page 2, line 12, by deleting “At” and inserting: “On an annual basis, at”.

Senator Hardy moved the adoption of the amendment.

Remarks by Senator Hardy.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Assembly Bill No. 403.

Bill read second time and ordered to third reading.

GENERAL FILE AND THIRD READING

Assembly Bill No. 15.

Bill read third time.

Roll call on Assembly Bill No. 15:

Yeas—20.

Nays—None.

Excused—Schneider.

Assembly Bill No. 15 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 51.

Bill read third time.

Roll call on Assembly Bill No. 51:

Yeas—20.

Nays—None.

Excused—Schneider.

Assembly Bill No. 51 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 56.

Bill read third time.

Roll call on Assembly Bill No. 56:

Yeas—20.

Nays—None.

Excused—Schneider.

Assembly Bill No. 56 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 67.

Bill read third time.

Roll call on Assembly Bill No. 67:

Yeas—19.

Nays—Carlton.

Excused—Schneider.

Assembly Bill No. 67 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 69.

Bill read third time.

Remarks by Senators Neal and Hardy.

Roll call on Assembly Bill No. 69:

Yeas—19.

Nays—Neal.

Excused—Schneider.

Assembly Bill No. 69 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 87.

Bill read third time.

Roll call on Assembly Bill No. 87:

Yeas—20.

Nays—None.

Excused—Schneider.

Assembly Bill No. 87 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 135.

Bill read third time.

Roll call on Assembly Bill No. 135:

Yeas—20.

Nays—None.

Excused—Schneider.

Assembly Bill No. 135 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 147.

Bill read third time.

Roll call on Assembly Bill No. 147:

Yeas—20.

Nays—None.

Excused—Schneider.

Assembly Bill No. 147 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 149.

Bill read third time.

Remarks by Senators Neal and O'Connell.

Roll call on Assembly Bill No. 149:

Yeas—20.

Nays—None.

Excused—Schneider.

Assembly Bill No. 149 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 185.

Bill read third time.

Roll call on Assembly Bill No. 185:

Yeas—20.

Nays—None.

Excused—Schneider.

Assembly Bill No. 185 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 216.

Bill read third time.

Roll call on Assembly Bill No. 216:

Yeas—20.

Nays—None.

Excused—Schneider.

Assembly Bill No. 216 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 224.

Bill read third time.

Roll call on Assembly Bill No. 224:

Yeas—20.

Nays—None.

Excused—Schneider.

Assembly Bill No. 224 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 270.

Bill read third time.

Roll call on Assembly Bill No. 270:

Yeas—20.

Nays—None.

Excused—Schneider.

Assembly Bill No. 270 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 318.

Bill read third time.

Remarks by Senators Neal, O'Connell and Amodei.

Roll call on Assembly Bill No. 318:

Yeas—20.

Nays—None.

Excused—Schneider.

Assembly Bill No. 318 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 331.

Bill read third time.

Roll call on Assembly Bill No. 331:

Yeas—20.

Nays—None.

Excused—Schneider.

Assembly Bill No. 331 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 349.

Bill read third time.

Roll call on Assembly Bill No. 349:

Yeas—20.

Nays—None.

Excused—Schneider.

Assembly Bill No. 349 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 378.

Bill read third time.

Roll call on Assembly Bill No. 378:

Yeas—20.

Nays—None.

Excused—Schneider.

Assembly Bill No. 378 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 420.

Bill read third time.

Roll call on Assembly Bill No. 420:

Yeas—20.

Nays—None.

Excused—Schneider.

Assembly Bill No. 420 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 501.

Bill read third time.

Roll call on Assembly Bill No. 501:

Yeas—20.

Nays—None.

Excused—Schneider.

Assembly Bill No. 501 having received a constitutional majority, Madam President declared it passed.

Bill ordered transmitted to the Assembly.

Assembly Bill No. 530.

Bill read third time.

Roll call on Assembly Bill No. 530:

Yeas—20.

Nays—None.

Excused—Schneider.

Assembly Bill No. 530 having received a constitutional majority, Madam President declared it passed, as amended.

Bill ordered transmitted to the Assembly.

Assembly Joint Resolution No. 3.

Resolution read third time.

Roll call on Assembly Joint Resolution No. 3:

Yeas—20.

Nays—None.

Excused—Schneider.

Assembly Joint Resolution No. 3 having received a constitutional majority, Madam President declared it passed.

Resolution ordered transmitted to the Assembly.

Assembly Bill No. 155.

Bill read third time.

The following amendment was proposed by Senator Amodei:

Amendment No. 630.

Amend sec. 4, page 7, by deleting lines 24 through 39 and inserting:

“2. Except as otherwise provided in subsection 3:

(a) To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection 1, the agency or political subdivision must:

(1) Require the person to submit a complete set of his fingerprints; and

(2) Forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

(b) Only the Central Repository may:

(1) Receive fingerprints from an agency of the State or any political subdivision for submission to the Federal Bureau of Investigation pursuant to this section;

(2) Submit those fingerprints to the Federal Bureau of Investigation; and

(3) Receive a report from the Federal Bureau of Investigation based on the submission of those fingerprints.

3. If an agency or political subdivision that wishes to request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection 1 is required by federal law to comply with specific procedures to request and receive such information from the Federal Bureau of Investigation:

(a) The provisions of subsection 2 do not apply to the agency or political subdivision; and

(b) The agency or political subdivision must comply with the specific procedures required by federal law.”.

Amend sec. 7, page 10, by deleting lines 38 through 42 and inserting:

“2. The Administrator shall keep the results of the investigation confidential . [, except that if the investigation discloses that the applicant has been convicted of any felony, the Administrator shall notify the applicant and the hiring institution of the conviction and the nature of the offense.]”.

Amend the title of the bill, sixth line, after “licensing;” by inserting:

“revising certain provisions concerning background checks conducted on certain applicants for employment with private and certain other postsecondary educational institutions;”.

Senator Amodei moved the adoption of the amendment.

Remarks by Senator Amodei.

Amendment adopted.

Bill ordered reprinted, re-engrossed and to third reading.

Senator Raggio moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 11:24 a.m.

SENATE IN SESSION

At 11:30 a.m.

President Hunt presiding.

Quorum present.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 9, 2003

To the Honorable the Senate:

I have the honor to inform your honorable body that the Assembly on this day adopted Assembly Concurrent Resolutions Nos. 23, 24.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 23—Congratulating the City of Henderson upon the celebration of its 50th Anniversary.

Whereas, The City of Henderson was “born in America’s defense” in an effort to supply the United States War Department with critical magnesium, the “miracle metal,” for ammunition and fighter planes to assist the Allies during World War II; and

Whereas, In 1947, when vast quantities of magnesium were no longer needed, the United States War Asset Administration actually offered the area now known as Henderson for sale as war-surplus property; and

Whereas, In an effort to save the area, the Nevada Legislature spent a weekend visiting Henderson to evaluate the possibility of the State’s administration of the Basic Magnesium Plant; and

Whereas, Within days of the visit, the Legislators unanimously approved a bill giving the Colorado River Commission of Nevada the authority to purchase the industrial plant, and on March 27, 1947, Governor Vail Pittman signed the bill which ultimately saved the area from becoming war-surplus property; and

Whereas, On April 16, 1953, District Judge A. S. Henderson signed the official incorporation papers creating the City of Henderson, named for United States Senator Charles Belknap Henderson; and

Whereas, The City of Henderson originally included approximately 13 square miles with a population of 7,410, and today it encompasses nearly 94 square miles of incorporated land and has a population in excess of 210,000; and

Whereas, From its humble beginnings, the City of Henderson today is the second largest city in Nevada and is nationally known for its premier parks, master-planned residential communities and high quality of life, and for the thousands of new residents who move there each year, the City of Henderson is truly “living the American Dream”; and

Whereas, The City of Henderson boasts 7 public golf courses, an award-winning parks and recreation system with over 40 developed parks totaling more than 620 acres, senior and recreation centers, ball fields, tennis courts, trails and equestrian parks and 10 aquatic venues throughout the City; and

Whereas, With nationally accredited Police and Fire Departments, Henderson has also been recognized as one of the “50 Safest Cities in the United States” by Money magazine, one of the 50 most “kid friendly” towns in America and was recently named as one of the best places to retire in America; and

Whereas, Educational excellence abounds in the City with its 22 elementary schools, 7 junior high and middle schools, 5 high schools, its own newly created state college and a variety of other public and private institutions; and

Whereas, An increasing number of upscale resorts and hotels have also discovered the warmth and charm of the City of Henderson, including the Hyatt at Lake Las Vegas, Sunset Station, the Fiesta, Green Valley Ranch Resort and the newly-opened Ritz Carlton, in addition to the already successful businesses within the City, including Ethel M Chocolates, Levi-Strauss, L’eggs, Ocean Spray and Good Humor-Breyers; and

Whereas, What began as a small town in 1953, born of patriotism and pride, has truly blossomed into one of the premier cities in America; and

Whereas, The City of Henderson is celebrating its 50th Anniversary throughout 2003 with patriotic events, parades, memorials and other activities commemorating its heritage, tremendous progress and continuing high quality of life for its residents; and

Whereas, The City of Henderson, the largest full-service city in Southern Nevada, continues to be a shining example of efficiency and small town values that have helped build and shape this great state; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 72nd Session of the Nevada Legislature do hereby congratulate the City of Henderson on its 50th Anniversary and commend the City for providing and maintaining an outstanding quality of life for its residents while earning the distinction of becoming the fastest growing city in America; and be it further

Resolved, That the City of Henderson is hereby urged to continue its tremendous legacy of service to our nation, our state and its residents, and may it continue to grow and flourish as one of the bright stars of success in the State of Nevada; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the Mayor of the City of Henderson, James B. Gibson, City Council Members Jack Clark, Amanda Cyphers, Andy Hafen and Steve Kirk and City Manager Phil Speight.

Senator O'Connell moved the adoption of the resolution.

Remarks by Senators O'Connell, Tiffany, Raggio, Wiener, Neal, Titus and President Hunt.

Senator O'Connell requested that the following remarks be entered in the Journal.

Senator O'Connell:

The resolution speaks to the Henderson we all know and love today, but I remember a hot, windy day in the spring of 1972 when I attended a presentation called “The Future of the Valley.” The ceremony was located in the middle of nothing but desert and blowing sand. We were standing in an area of 5,000 empty acres. The ceremony was shielded by a canopy but there was nothing to protect us from the blowing sand. It was in our eyes, in our ears and if you smiled at anyone, you felt like what I would imagine a bug-encrusted car windshield feels like. For anyone who was there that day, it was not a day we would easily forget. Without exception, we all thought the Greenspuns had lost their minds and were about to loose their shirts, but for the developer, the fun had just begun. When the building began, the area was covered with earthmover machines. They were brought in to dig foundations, but they could not dig below the surface due to the caliche. The shelf of caliche removed the teeth from the shovels of the machines. Finally, a mining engineer from Phoenix, Arizona, who was a demolition expert was able to use time charges to break the caliche into manageable sized chunks, though some were the size of small Toyotas, so the excavation could continue.

When we look at the beautiful community of Henderson, today, we think of the men and the women who had the vision to see what it could be. They followed through with their vision. You can understand how those of us who represent Henderson are honored to do so. I extend my congratulations to the city on their 50th anniversary.

Senator Tiffany:

Thank you, Madam President. I stand up to honor Henderson’s 50th anniversary. I have been in Henderson for 13 years. During the time I have been there, I have heard stories about acreages of undeveloped land. Every time I go home, I see new developments consisting of shopping malls, theaters or parks. As the saying goes, “We have come a long way.”

Henderson began with the building of Boulder Dam and is now the second largest city in Nevada. In 1935, the city was originally called Pitman. In 1947, when the magnesium was no longer needed, the city was for sale. Thankfully, the Legislature intervened and saved the city. In 1953, Henderson became an official city. The city has gone from a population of 7,400 to over 210,000. In 1953, the city was 13 square miles and is now 96.3 square miles. I am proud to call Henderson home. I am proud of our motto. We have retail and auto malls. We have a new theater complex, restaurants and casino resorts. We have parks, multi-generational recreation centers and cultural centers. We have come a long way, and Henderson is the place I call home.

Senator Raggio:

I am pleased to stand up here, today, and to acknowledge this resolution honoring the City of Henderson on its 50th anniversary. Like some of the other members here, I have lived in Nevada all of my life. I remember traveling to Henderson in the 1930s with my parents. There was nothing there. Actually, there was not much in Las Vegas at that time either. We went there to see the new Boulder Dam. No one would have foreseen the growth of the city we see today. On behalf of Reno, the offical second largest city in the State, I wish to extend congratulations to the third largest city in the State, Henderson.

Senator Wiener:

During the summer of 1970, I was a cub reporter with the Review-Journal. You can do anything for three months, so I was assigned to cover the City of Henderson. I covered the police department, the fire department and city hall. Lorna Kesterson, the editor, was there wherever I was, even in the late night meetings. I was at the city hall where I heard two police officers, one a rookie and one a veteran, debating an arrest the rookie had made. He was certain he could live by the letter of the law and had arrested a person classified as a hippie-type with a Volkswagen van. He arrested the person for having an American flag decal on his van. He said this was desecration of the American flag. I wrote a story about this as I was on my way out of town to return to college. This story followed me across the country. When I returned to Las Vegas with my husband many years later, I ran into Morris Zenoff who was owner of the Henderson Home News and he told me he was sad I had decided to attend law school. He told me his dream and his hope was that one day he could turn the newspaper over to me, and because of the work I had done that summer, I would be the next owner of the Henderson Home News. As I watched that wonderful community develop, had I known then what I know now, I might not be here, today.

I wish to express my congratulations to the City of Henderson for its contributions to the State.

Senator Neal:

I rise in support of this resolution. As a teenager, in the early 1950s, I remember crossing the Boulder Dam and looking down into the valley which seemed a desolate place to me. I had just come from Louisiana with its green grass and trees. The only green spot in the area was Boulder City. They have taken what was a rocky landscape and created a lovely town. The rim road is populated by fine homes and nice developments. It is a credit to those who worked hard and who had the vision to develop the city.

I have watched in amazement as this town has grown. In the 1960s, I worked at a plant in Henderson as an ingot inspector. I have watched it develop into the city it is today. Starting in 1956, Jim Gibson worked diligently while he was in the Assembly and in the Senate to help Henderson become the city it is today. Those who served with him during that time understood his commitment to Henderson. His son is now the mayor of Henderson. He is carrying on the Gibson tradition to make the city better. I congratulate them on their 50th year.

Senator Titus:

Thank you, Madam President. I would also like to wish Henderson a happy birthday. I go a long way back with Henderson. I spent my first Christmas in Henderson in a trailer in Victory Village when my father was stationed at Nellis Air Force Base. We went back to Georgia, and it took a long time for me to get back to Nevada, but it seems it was the natural thing for me to do, to return to Nevada. As Senator Tiffany said, “You have come a long way, baby.” We all have.

President Hunt:

I, too, would like to wish Henderson a happy birthday. My family moved to Henderson in the late 1940s. We lived in Victory Village, also, because my father worked at the Stouffer Chemical Company. I have many fond memories of Henderson.

Resolution adopted.

Resolution ordered transmitted to the Assembly.

Assembly Concurrent Resolution No. 24—Memorializing casino visionary and philanthropist William Bennett.

Whereas, The members of the Nevada Legislature join the people of Nevada in mourning the loss of William Bennett, casino visionary and philanthropist, who passed away on December 22, 2002; and

Whereas, William Bennett was born November 16, 1924, in Glendale, Arizona, and after serving as a Navy dive-bomber pilot during World War II, William Bennett returned home to Arizona and built a chain of furniture stores which he sold in 1962; and

Whereas, Finding himself bankrupt when his investments were mismanaged by an investment company, William Bennett bounced back by using the opportunity to take his career in a different direction when he was hired by the Del Webb Corporation, an Arizona-based construction company that was expanding into casino operations, and took great pride in the fact that he eventually repaid all his creditors; and

Whereas, Transferring to the Sahara Tahoe in 1965, William Bennett worked as a casino host at night and in various hotel departments by day, learning the casino trade, and was quickly promoted to manager of the Sahara Tahoe and later of the Mint, reversing that casino’s trend of losing $2 million annually to making $9 million a year; and

Whereas, When William Bennett left Del Webb, he and long-standing business partner, Bill Pennington, formed a slot-machine leasing business and later leased the troubled Circus Circus in Las Vegas, exercising the option to buy in 1983; and

Whereas, In contrast to most of the glamorous, glitzy, high-rolling casinos in Las Vegas at that time, the new Circus Circus added another dimension to the city, making its target demographic the families of the Heartland of America, offering affordable rooms and meals and a family-friendly atmosphere with circus activities and arcades to entertain the children while keeping them out of the gaming area; and

Whereas, In 1990, Circus Circus Enterprises, under William Bennett’s reign, opened the $300 million Excalibur, followed by the opening of the $375 million Luxor in 1993, and the purchase of the Sahara in 1995; and

Whereas, William Bennett, who had a longtime love of auto racing, and Ralph Engelstad, owner of the Imperial Palace, developed the $200 million Las Vegas Motor Speedway, which brought in a new type of tourist, the race fan; and

Whereas, While William Bennett’s marketing genius made him very successful, with Forbes magazine ranking him as one of America’s richest men, he avoided the public spotlight and preferred to donate to various charities without seeking recognition, founding the Bennett Foundation to contribute to the needs of his community; and

Whereas, Much of William Bennett’s generosity was directed at employees of rival casinos, such as when he supplied 3 meals a day 7 days a week for 5 years to striking workers of the Frontier and when he made a generous donation to an association of employees of the Aladdin after the casino was closed because of a management dispute; and

Whereas, William Bennett was instrumental in the building of the Temple Beth Sholom and, being an ardent animal rights activist, also gave his support to many animal rights groups; and

Whereas, William Bennett had a special place in his heart for education, donating more than $10 million to the University of Nevada, Las Vegas, to build the Lynn Bennett Early Childhood Development Center and the William G. Bennett Professional Development Building which will train teachers to better educate at-risk students; and

Whereas, William Bennett is survived by his wife Lynn, daughter Diana Bennett, son William A. Bennett of Las Vegas, stepdaughter Laura Lynn Lucia of Euless, Texas, four grandchildren and two great-grandchildren; now, therefore, be it

Resolved, That the effect of William Bennett’s vision and generosity will be felt for generations to come; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Lynn, the beloved wife of William Bennett.

Senator Carlton moved the adoption of the resolution.

Remarks by Senator Carlton.

Senator Carlton requested that her remarks be entered in the Journal.

I am honored to stand and speak in favor of this resolution. When reading the resolution, it reminded me of the old Jimmy Stewart movie, It’s a Wonderful Life. What would Las Vegas be if we had not had William Bennett?

He was a wonderful man. He picked himself up. He dusted himself off. He moved through the world, and he learned the industry from the inside out.

He loved the people who worked in the industry, and I will always be thankful to him for feeding those Frontier workers for five years, three meals a day, seven days a week. He truly did believe, “I am my brother’s keeper.”

William Bennett was the very embodiment of those qualities that make Nevada the unique State that it is. A man of relatively modest origins, Bill Bennett went on to become both a pioneer and a giant in Nevada’s gaming industry. As one of the wealthiest men in the United States, Bill Bennett never lost sight of who helped him achieve his immense success.

While history brought labor disputes from time to time throughout the gaming industry, they never occurred at William Bennett’s properties. Though Mr. Bennett’s workers always respected the level of high esteem to which he held them, Mr. Bennett never questioned the right or the need for his workers to be represented by a union.

That belief carried over to workers who were not his own. During the early days of the Frontier strike, it pained Mr. Bennett to drive by the Frontier pickets everyday on his way to work. Knowing the atrocities that the Frontier workers were subjected to before they went on strike, Mr. Bennett even made a comment to the press that if he were a Frontier worker he would be carrying a picket sign, too. Pretty unusual for a casino owner.

Mr. Bennett did not just offer words. He bought a catering truck, hired a chef and proceeded to feed those strikers three meals a day, three hundred and sixty five days a year for six and one‑half years.

In the bleakest of days, when it looked like the strike would never end, that food truck provided much more than a hot meal. It showed those workers that someone cared. It made them feel they were not alone.

That was the kind of man William Bennett was. I ask for everyone’s support for this resolution.

Resolution adopted.

Resolution ordered transmitted to the Assembly.

Senator Raggio moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 11:50 a.m.

SENATE IN SESSION

At 11:52 a.m.

President Hunt presiding.

Quorum present.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 9, 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. 25.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 25—Designating the week beginning May 10, 2003, as “Tourism Week in Nevada.”

Whereas, The 20th Annual National Tourism Week will be celebrated May 10 through May 18, 2003, to acknowledge the importance of travel and tourism as a major industry in the United States; and

Whereas, Tourism is America’s third largest retail sales industry, with $584 billion annual expenditures, and is one of our nation’s largest employers, with one out of seven people employed directly or indirectly in that industry in our nation; and

Whereas, Tourism is one of our country’s largest service exports, with $91.1 billion spent annually by international visitors; and

Whereas, Tourism is vital to the growth and economic stability of our nation and our state and, since the tragic events of September 11, 2001, and the subsequent war on terrorism, travel has become even more important in promoting understanding of other cultures and the exchange of ideas with people of other nations; and

Whereas, During 2002, approximately 47.9 million travelers enjoyed the varied pleasures Nevada has to offer, from glittering resorts to small town festivals, from our splendid scenic natural landscapes to our man-made wonders, causing an economic impact for this state of over $35 billion for the year; and

Whereas, With approximately one-fifth of all employment in Nevada directly related to the travel and tourism industry, and two-thirds of all employment in Clark County directly or indirectly related to travel and tourism, those Nevadans who proudly serve the industry are widely known for their hospitality and friendliness; and

Whereas, Nevada sets the standard for excellence and variety for travelers who want entertainment, night-life, fine dining, beautiful resorts, family-centered activities, gaming establishments and scenic beauty; and

Whereas, With more than 175,000 hotel rooms in this state, Las Vegas leads the way with more rooms for travelers than any other city in this country and a reported 15,000 miles of neon tubing, together with more than 60 golf courses designed by golf’s greatest players and 18 of the top 20 hotels in this country; and

Whereas, For those tourists seeking the more adventurous outdoor experience, our state offers such sports as heli-skiing, mountain biking, hiking, rock climbing, skiing, sandboarding and paragliding, all amidst the most beautiful scenery imaginable; and

Whereas, For those seeking a more tranquil experience, Nevada is home to some of the most breathtaking mountain ranges and lakes in the world, where fishing, boating and camping can renew one’s spirit; and

Whereas, Throughout 2002, 5.8 million people attended conventions and trade shows in the Silver State, with a higher-than-average travel budget exceeding $1,000 per person; and

Whereas, Traveling can bring a family closer together, opening up a whole new world of interesting things to do, people to meet and places to go, and can change a child’s life by sparking his imagination and curiosity about other cultures and how other people live; and

Whereas, From exploring a historic ghost town to meandering through a world-class art museum, attending a cowboy poetry festival or a rodeo, playing a round of golf, watching an international singing star perform or just sitting under the stars staring at a magnificent landscape, a traveler can be taken away from his everyday life by expanding his horizons and experiencing things he might never have done if not venturing out of his own backyard; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the Nevada Legislature recognize that a healthy travel and tourism industry is essential to the economy of our state and nation; and be it further

Resolved, That the members of the Legislature congratulate the hundreds of thousands of Nevadans who are employed in one aspect of the Nevada tourism industry or another and express gratitude for the level of excellence and dedication they contribute toward the success of Nevada’s reputation as one of the finest tourist destinations in this country; and

Resolved, That the residents of the State of Nevada are each hereby encouraged to recognize and celebrate National Tourism Week by making plans for travel that will refresh the body, intrigue the mind and renew the spirit; and be it further

Resolved, That the week beginning May 10, 2003, is hereby designated as “Tourism Week in Nevada”; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Bruce Bommarito, Executive Director of the Commission on Tourism for the State of Nevada.

Senator Raggio moved the adoption of the resolution.

Remarks by Senator Raggio.

Senator Raggio requested that his remarks be entered in the Journal.

Thank you, Madam President. Along with celebrating the 20th Annual National Tourism Week, this resolution designates the week beginning May 10 as Tourism Week in Nevada.

We know that tourism is vital to the growth and economic stability of our State and the Nation as a whole. The future of our State as well as the past has been geared to attracting tourists. The events of September 11 brought home, forcefully, the manner in which we attract tourists.

Approximately one-fifth of all employment is directly related to the travel and tourism industry, and two-thirds of all employment in Clark County is directly or indirectly related to travel and tourism. With more that 175,000 hotel rooms in this State, Las Vegas leads the way with more rooms for travelers than any other city in this country.

According to the resolution, there are 15,000 miles of neon tubing and 60 golf courses. I believe Senator Townsend is the only one who has played free at every one of them. It is important we acknowledge this resolution and join with the Assembly in adopting this resolution by designating Tourism Week in Nevada, which will begin May 10.

Resolution adopted.

Resolution ordered transmitted to the Assembly.

Senator Raggio moved that the Senate recess subject to the call of the Chair.

Motion carried.

Senate in recess at 11:57 a.m.

SENATE IN SESSION

At 12:05 p.m.

President Hunt presiding.

Quorum present.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, May 9, 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. 26.

Diane Keetch

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 26—Memorializing longtime Nevada attorney and University of Nevada Regent, Joseph M. Foley.

Whereas, The members of the 72nd Session of the Nevada Legislature join the residents of Las Vegas and all of Nevada in mourning the death of Joseph M. Foley; and

Whereas, Joseph Foley was born in Goldfield, Nevada, on January 31, 1924, the fourth son of Roger T. and Helen Drummond Foley, and moved with his family to California and then, at the age of 4 years, to Las Vegas where he attended Fifth Street Grammar School and graduated from Las Vegas High; and

Whereas, During World War II, Joseph Foley served in the Army in North Africa and, upon his return, entered the University of Nevada in Reno in 1946 where he met Betty Bradshaw during his first day on campus; and

Whereas, Joseph and Betty were married in 1950 and raised a family of six children in the Foley tradition of service to the community, true to the family motto, “That I may be of service”; and

Whereas, After graduation from the University of Nevada, Joseph Foley earned his law degree from the University of San Francisco Law School, was admitted to the State Bar of Nevada in 1951 and practiced law with his brothers for a time in what would be recognized in the late 1950s as the largest law firm in the United States that was comprised entirely of brothers; and

Whereas, Joseph Foley served for more than 15 years as a member and chairman of the Administrative Committee of the Nevada State Bar for the Southern Region which handled complaints against lawyers and investigated applicants for admission to the bar; and

Whereas, The law practice of Joseph Foley included a list of impressive clients, the most noted of whom was Howard Hughes who was represented by Foley in mining, gaming and real estate matters, and, after the death of Hughes in 1974, Foley was counsel for the Hughes’ estate in will contests that gained national attention; and

Whereas, Elected to the Board of Regents for the University of Nevada System in 1984 on the promise that he would work to change the image of the University of Nevada, Las Vegas, from a basketball school to a respected center of higher learning, Joseph Foley’s 12 years of service on the Board focused on bringing education to at-risk populations of the State and, in an effort to aid rehabilitation and reduce recidivism, to prison populations; and

Whereas, The relentless efforts of Joseph Foley to increase the effectiveness of university programs and his belief in the value of higher education were acknowledged in 1997 with his receipt of the UNLV President’s Medal; and

Whereas, Joseph Foley, known for his very big heart, also gave to his community with involvement in various charitable organizations, such as March of Dimes, United Way and Catholic Welfare of Nevada, and as a top-ranking officer for organizations such as the Benevolent and Protective Order of Elks and the Knights of Columbus; and

Whereas, Joseph Foley is survived by his wife, Betty, daughters, Helen Foley, Jeanne Clarke, Kathleen Meyer and Shannon Lyman, sons, Daniel and Patrick and 16 grandchildren; now, therefore, be it

Resolved by the Assembly of the State of Nevada, the Senate Concurring, That the members of the 72nd Session of the Nevada Legislature offer their sincere condolences to the family and friends of Joseph M. Foley and extend their gratitude for the many years of public service of Joseph Foley and the entire Foley family; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Betty Foley, Joseph’s loving wife for 52 years.

Senator Raggio moved the adoption of the resolution.

Remarks by Senators Raggio, Neal and Coffin.

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

Senator Raggio:

Thank you, Madam President. It is fitting that we honor Joseph Foley. He was a long-time Nevada attorney and a former University of Nevada Regent. I have known the Foley family including his father, Roger Foley, U.S. District Judge, and his son, Tom Foley, who is also a district judge. All of the Foley brothers were preeminent members of the Nevada Bar.

The resolution acknowledges that they were a unique law firm. In my early years of practice, it was unusual for a group of brothers to become a law firm. The Foley Brothers Law Firm was nationally recognized. They were all good lawyers. George Foley became district attorney. I worked with all of them in one way or another.

The Foley family is one of the outstanding families in this State. I doubt any other family has contributed more to the development of this State and to the development of southern Nevada.

It is sad to observe the death of Joe Foley, but it is nice to acknowledge all he contributed to this State.

I knew Joe as a student at the University of Nevada. He met and married Betty Bradshaw. They were married for 52 years. I told her I have been through the same situation and the memories are wonderful. I know the family is proud of his accomplishments. He was dedicated to the University of Nevada Community College System. During our deliberations in the Legislature regarding the budgets, I often heard from Joe Foley. He was a regent for twelve years dedicating his talent to helping to make our University and Community College System one of the best in the Nation. It was though his efforts and those of his colleagues on the Board of Regents that the community college system has thrived.

We are proud to have had the opportunity to work with him. Joe always told you what he thought. That is a trait of the Foley family. His comments were always well intentioned. They usually had a lot of merit. Let us pause, today, to remember Joe Foley and to extend our condolences to all of the Foley family.

Senator Neal:

I rise in support of this resolution. I cannot talk about Joe Foley without talking about the Foley family. The last time I talked to him was after the 1995 session. I had followed the art tax issue through the regulation process. We argued whether or not this tax should be extended to make the public pay. After four meetings, we resolved the issue. It was ruled by the Tax Commission that the public would not have to pay to see art. I received a call from Joe Foley one morning. He said I did a good job. He asked if I realized what I had done. Being truthful as I am, I said I did realize what I had done. Of course, I really did not know what I had done. He told me if the man goes forward in trying to institute this tax, he would be disappointed. I said he was right. The Tax Commissioner ruled if this tax goes through and charges the people, then he would not be able to get his exemption. I think the exemption was for about $15 million. At the end of the year, the gentleman applied for the exemption and he was turned down by the Commission. He was an unhappy person. I did not know what I had done, but Joe Foley told me. I had just argued on the fairness of the deal with the Tax Commission. He told me when I was through with this issue, he had a couple of hotels I could come down and work on.

He was a character. Some thought he had a temper, but I did not. He was friendly to me. Of the Foley brothers, I knew George the best. We have had good times together over the years.

Joe made many contributions to the State. His daughter, Helen, has served with us and has contributed much to this State. It is a credit to them, and we appreciate them for the work they have done to develop this State.

Senator Coffin:

Thank you, Madam President. I do not want to draw on my many personal remembrances of Joe, Betty and the family. I want to remember how they were the political force in Nevada and will continue to be so.

Our parents, Joe’s, Betty’s and mine, were close friends. They were churchgoers and helped to build Saint Anne’s Church. We all cried when they knocked down the old church. We had a good relationship. Joe and my father were in the Knights of Columbus together. I remember them coming home from their meeting with their swords. They encouraged us to become alter boys and to become active in our church. That was a tradition Joe never lost. He clung to his faith, and the children he brought into this world were taught that spiritual values and a moral background counted as much as anything. They give you grounding in life and in politics. Though I have not always been able to follow the path, as Joe Foley would advise, I tried to always remember Joe.

One political experience shows his single mindedness and his determination to stand out against injustice. During a Board of Regents’ meeting in the early 1990s, he walked out of a meeting after his contention was not upheld that the Board was breaking the open meeting law again. This was not the first time. This time it was to browbeat one of the fellow regents, Dr. Hammergren, our future Lt. Governor. Joe Foley walked out of that meeting. It takes a lot of courage to leave your colleagues behind and to say they are wrong. I was outside the meeting at the time. We talked, and it inspired a bill I sponsored. Everyone voted to make certain the Board would not be able to browbeat a member of their own board in private under the guise of a personnel action. Joe Foley understood the difference of right and wrong. He knew the law. All of the brothers know the law. When I get into trouble, I will call George for help. He knows how to fight. He will fight until the last funeral.

I thank you for being here, today. We truly appreciate what the Foley family has done.

Senator Raggio requested that the remarks of former Senator Helen Foley be entered in the Journal.

Former Senator Helen Foley:

Thank you very much, Senator Raggio. I appreciate the opportunity to say a few words. This is home for me. It feels comfortable being here, today. My father was a fan of government. He felt it was his role in life and his family’s role in life to participate. When I was first elected to the Legislature, I talked to my Uncle Roger. He was a federal judge. I was 26 years old. He said, “I have one piece of advice for you. When you go to Carson City, if you come home in June and have made no enemies, I will know you have accomplished nothing.” I have always remembered that. Unfortunately, I continue to remember that as a lobbyist. I know everyone does a great job here, and my Dad would be so proud you have honored him this way today. Thank you.

Resolution adopted.

Resolution ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

There being no objections, the President and Secretary signed Assembly Bills Nos. 126, 138, 192, 208, 226, 237, 275, 301, 346, 367, 407, 489.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

On request of Senator Care, the privilege of the floor of the Senate Chamber for this day was extended to Ron Kruse, Helen Hendrix, Wes Block and Jack Porrino.

On request of Senator Carlton, the privilege of the floor of the Senate Chamber for this day was extended to Lynn Bennett, Diana Bennett, Helen Foley and Grace Foley.

On request of Senator McGinness, the privilege of the floor of the Senate Chamber for this day was extended to the following students, chaperones and faculty from the West End Elementary School: Mya Anderson, Jesse Comstock, Vanessa Evans, Kyle Fillis, Connor Forrest, Jac Grenz, Andrew Hayden, Jeff Hiscock, Riley Leeper, Hannah Little, Jonathan Mangosing, Jill Pinder, Alysen Prockish, René Ross, Zakkary Thomas, Allie Venturacci, Ty Webb, Kandice Whitaker, Jessica Wirick, Alicia Young, Kayla Dinish, Ryan Donohue, Cody Downs, Sarah Frandsen, Kelsey Harriman, Jessica Hart, Marriah James, Brianna Jetton, Crystal Kontny, Danielle Lane, Michael Lewis, Travis Marker, Katlin Moody, Robyn Openshaw, Eric Orfrecia, Quentin Owens, Dean Presnell, Nathan Slizeski, Keely Wagner, Michaella Watkins; chaperones: Mary Hutchings, Chris Webb, Cheryl Venturacci, Cindy Wirick, Denice Pinder, Kim Wood, Noel Donahue, Kathleen Openshaw, John Frandsen, Denise Marker and teacher: Eileen Montgomery.

On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to Betty Foley, Jeanne Foley Clarke, Kathy Foley Meyer, Shannon Foley Lyman, Dan Foley, Patrick Foley, George Foley, Peggy Foley Ryan, Michael Meyer, Bruce Bonmarito and the following members of the Republican Women of Reno: Debra Carr, JoAnne Waters, Margaret Wimmer, Sally Miller, Mary Chandler, Marion Bond, Hilda Werner, Loretta Starbuck, Sue McKnight and Elaine Moser.

Senator Raggio moved that the Senate adjourn until Monday, May 12, 2003, at 11 a.m., and that it do so in memory of Paul Iverson, former Director of the Nevada Department of Agriculture.

Motion carried.

Senate adjourned at 12:26 p.m.

Approved: Lorraine T. Hunt

President of the Senate

Attest: Claire J. Clift

Secretary of the Senate