Carson City(Tuesday), February 06, 2001

    Senate called to order at 11:13 a.m.

    President Hunt presiding.

    Roll called.

    All present except Senator O'Donnell, who was excused.

    Prayer by the Chaplain, Pastor Albert Tilstra.

    O Lord our God, if ever we need Your wisdom and Your guidance, it is now as we have started a new session of this Legislature. We pray that You will bless these men and women chosen by the people of this great State, for You know them, their needs, their motives, their hopes and their fears. Put Your arm around them to give them strength, and speak to them to give them wisdom greater than their own. We ask this in Your Holy Name.


    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.


United States Senate

Washington, D.C. 20510-2803

January 23, 2001

The Honorable William Raggio, Senate Majority Leader, State of Nevada Senate,     Legislative Building, 401 South Carson Street, Carson City, Nevada 89701-4747

Dear Senator Raggio:

    I am writing to request the privilege of speaking before both houses of the Nevada State Legislature at 11:15 a.m. on Friday, February 9, 2001.

    Mary Conelly, my State Director, and June Schmidt, my Deputy Regional Manager for Northern Nevada, will be coordinating the details of my visit. They can be reached at            775-686-5750.

    Thank you for your gracious consideration.


                                Harry Reid

                                Assistant Democratic Leader

Congress of the United States

House of Representatives

Washington, D.C. 20515

January 17, 2001

Ms. Claire Clift, Secretary of the Senate, 401 South Carson Street,

    Carson City, Nevada 89701-4747

Dear Claire:

    It would be my honor and pleasure to address a joint session of the Nevada Legislature at 5:15 p.m. on Wednesday, February 21, 2001, to deliver a formal assessment of our Congressional agenda and its impact on our State.

    As you know, there are a number of issues critical to the well being of our State and our country that will be addressed in the months to come. It is vital that local, state and federal representatives work together to achieve our goals.

    Thank you for this important opportunity. I look forward to seeing you and many of my former colleagues in Carson City.


                                                                Jim Gibbons

                                                                Member of Congress

Supreme Court of Nevada

A. William Maupin, Chief Justice

Capitol Complex

Carson City, Nevada 89710

January 29, 2001

Re: State of the Judiciary Address, 2001 Legislative Session, Thursday, February 22, 2001

Senator William Raggio, 401 S. Carson St., Carson City,  NV 89701

Dear Senator Raggio:

    I, Justice A. William Maupin, Chief Justice of the Nevada Supreme Court, hereby request to address the Senate and Assembly of the State of Nevada. It is my understanding that both houses will be available for this purpose on Thursday, February 22, 2001, at 5:00 p.m., in the Assembly Chamber of the Legislative Building. If a conflict arises with this time and date, please contact my office.

    The Supreme Court’s reception for the Legislature will be held immediately following the Judiciary Address.

    Thank you.


                                                                A. William Maupin

                                                                Chief Justice


    By Senators Raggio, Amodei, Care, Carlton, Coffin, Jacobsen, James, Mathews, McGinness, Neal, O'Connell, O'Donnell, Porter, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington and Wiener:

    Senate Concurrent Resolution No. 1—Recognizing February 6, 2001, as Ronald Reagan Day, and

    Whereas, Ronald Wilson Reagan was born in the midwestern farming town of Tampico, Illinois, on February 6, 1911; and

    Whereas, His job as a radio sports announcer after graduation from Eureka College started Ronald Reagan in the public life that would eventually lead him to the presidency of the United States; and

    Whereas, Well-known throughout the country as an actor whose film career included more than 50 movies, Ronald Reagan’s first official leadership role was as President of the Screen Actors Guild, a position he held for six 1-year terms; and

    Whereas, The changing political beliefs of Ronald Reagan gradually led him to leave his movie career, and he became a spokesman for the General Electric Company; and

    Whereas, Ronald Reagan joined the Republican Party in 1962, and in 1966 he was elected Governor of California, a position which he would hold for the next 8 years and which would bring him recognition as a politician of national stature; and

    Whereas, After two unsuccessful attempts at the presidency of the United States, Ronald Reagan swept all but six states and the District of Columbia in the presidential election of 1980 and scored an even greater margin of victory in 1984 with the greatest number of electoral votes ever tallied by a presidential candidate in the history of American presidential elections; and

    Whereas, Inheriting a nation with rampant inflation and high unemployment, the theory of supply-side economics, the goal of which was to generate growth by stimulating a greater supply of goods and services and thereby increase jobs, was a mainstay of the Reagan approach; and

    Whereas, In a remark made during the 1984 campaign, President Ronald Reagan commented that he would like to be remembered as someone who gave the government back to the people, and he worked toward that goal with a bold agenda of restoring accountability and common sense to government; and

    Whereas, President Reagan’s social policy agenda for the nation’s children helped lower crime and drug use in America’s neighborhoods, and his commitment to our armed forces continued to build the national strength that he saw as necessary for the protection of freedom in this country and throughout the world; and

    Whereas, President Reagan’s vision of “peace through strength” led to the end of the Cold War and the ultimate demise of the Soviet Union, thus guaranteeing basic human rights for millions of people and easing the threat of nuclear war; and

    Whereas, Throughout his years as President, Ronald Reagan displayed consistent optimism and the self-confidence that endeared him to millions, and even when personal danger touched him, as in the assassination attempt in 1981 that left him wounded, he was upbeat and reassuring; and

    Whereas, On February 6, 2001, Ronald Reagan will reach the age of 90 years, thus becoming the oldest former President in the history of our nation; now, therefore, be it

    Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the 71st session of the Nevada Legislature join with the residents of this state and the residents of the entire United States in honoring Ronald Reagan for his many contributions to our country and in celebrating his 90 years of life; and be it further

    Resolved, That the Nevada Legislature hereby joins the nation in recognizing February 6, 2001, as “Ronald Reagan Day”; and be it further

    Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to former President of the United States, Ronald Reagan, and his family.

    Senator Raggio moved the adoption of the resolution.

    Remarks by Senators Raggio and Porter.

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

    Senator Raggio:

    It is appropriate that we honor Ronald Reagan today. Senate Concurrent Resolution No. 1 is similar to resolutions being offered in all the other states of the United States on this date recognizing February 6 as “Ronald Reagan Day” on the occasion of the former president’s 90th birthday. In the opinion of most historians, Ronald Reagan will be recognized as one of the great presidents of our country. President Reagan took office as leader of the most powerful nation in the world during some critical times in our history. It is well accepted that because of his efforts the communist-block nations had their power significantly eroded. This was, in large part, due to his philosophy and his program to keep strength in this country, strength against the Communist threat that was present throughout the world in those critical years.

    It is unfortunate that, today, as we acknowledge his contributions to this nation and to the world that he is afflicted with Alzheimer’s, a cruel disease. This disease has probably touched many of our own families and unfortunately doesn’t allow him to make personal appearances. He can no longer offer the knowledge and enthusiasm that helped this nation endure. I would ask the Senate to act on this resolution as we join 49 states in this nation to honor his memory and his contribution to this country and to the world. We send our best wishes to his family and to him on the occasion of his 90th birthday.

    Senator Porter:

    To honor President Reagan, we should look at the impact of the Tahoe Regional Planning Agency and how it affected Lake Tahoe. Look at the impact President Reagan had on southern Nevada and the Colorado River Commission with Mr. Bob Broadbent. He influenced our leaders who were young and just starting out in public service in his own era, including Senator Paul Laxalt. President Reagan had a credo that if it didn’t matter who took credit in politics, we would certainly achieve more. His sentiments were that issues are as important today as they have ever been. He had a major impact on our communities, our State and on our leadership. If we look at how patriotism was brought back when it was at an all time low in our country and in the State, he set a standard for leadership and a standard for doing the right thing for the right reason. I am honored to vote in support of Senate Concurrent Resolution No. 1 today.

    Resolution adopted.

    Senator Raggio moved that all rules be suspended and that Senate Concurrent Resolution No. 1 be immediately transmitted to the Assembly.

    Motion carried unanimously.

    Assembly Concurrent Resolution No. 1.

    Resolution read.

    The following amendment was proposed by Senator Neal:

    Amendment No. 1.

    Amend the resolution, pages 8 and 9, by deleting lines 43 through 48 on page 8 and lines 1 through 7 on page 9 and inserting:

    “2.  The redistricting committees will not consider a plan in which the Legislature subordinates traditional districting principles to racial considerations and makes race the dominant and controlling rationale in drawing district lines.  For the purposes of this subsection, “traditional districting principles” are those traditional redistricting principles that have been judicially recognized and include compactness of districts, contiguity of districts, preservation of political subdivisions, preservation of communities of interest, preservation of cores of prior districts, protection of incumbents and compliance with section 2 of the Voting Rights Act, 42 U.S.C. § 1973 (2).”.

    Senator Neal moved the adoption of the amendment.

    Remarks by Senators Neal and Raggio.

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

    Senator Neal:

    There is no substantive change to the amendment. It takes into account 42 USC and also the various court cases that have been adjudicated under the Voters Rights Act of 1965. The language was rewritten to make it clear that no one misunderstand what the language was saying when using the term race in considering bills that redistrict. The language, which was removed, stated, “committee will not consider a plan that a discernable racial gerrymander” and “racial gerrymander exists when.” We took that language out to clarify and to make it comport with the language you now read in subsection 2 that traditional district and principles would be taken into account with race.

    Senator Raggio:

    I will support the amendment proposed by the distinguished Senator from southern Nevada. I checked the amendment that has been proposed with both the Legislative Counsel and with Scott Wasserman, Chief Legislative Counsel.

    There is a complete necessity that we follow the federal law on this particular issue. I want to concur that there is not substantive change in what this amendment proposes, and the change revises the structure of the sentence in subsection 2. It doesn’t change the substance or effect of the rule as originally proposed. The revised subsection 2 of Joint Rule No. 13.5 is substantively identical to the original version of the rule. Both versions restate requirements set forth by the Supreme Court of the United States. In Miller v. Johnson, the United States Supreme Court stated that a plaintiff attacking a redistricting plan as a racial gerrymander may succeed if he shows that, and I quote, “the Legislature subordinated traditional race-neutral districting principles to racial consideration.” The Supreme Court went on to state that such a plaintiff might succeed if he shows that “race for its own sake and not other districting principles was the Legislature’s dominant and controlling rationale in drawing its district lines.” As you can see, both the original and revised versions of our rule simply set forth and paraphrase the restrictions of the Supreme Court. I have no objection. I want to make clear our intent in this proposed rule was to make sure the Legislature acted fully in concert with the dictates of the federal requirements in redistricting and reapportionment.

    Amendment adopted.

    Resolution ordered reprinted, engrossed and to the Resolution File.

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

    Motion carried.

    Senate in recess at 11:34 a.m.


    At 11:35 a.m.

    President pro Tempore Jacobsen presiding.

    Quorum present.


    By Senator Neal:

    Senate Bill No. 78—AN ACT making an appropriation to the Life Line Family Education Center for continuation of its nonprofit pregnancy assistance, educational and vocational training programs; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Neal:

    Senate Bill No. 79—AN ACT making an appropriation to the Economic Opportunity Board of Clark County for the purchases of buses; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Neal:

    Senate Bill No. 80—AN ACT relating to providers of foster care; requiring the division of child and family services of the department of human resources to establish a program for the compensation of such providers for damage to their property caused by foster children in their care; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Jacobsen:

    Senate Bill No. 81—AN ACT relating to public employees; increasing the salaries of certain employees of the Department of Prisons and the Division of Mental Health and Developmental Services of the Department of Human Resources; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator O'Connell (by request):

    Senate Bill No. 82—AN ACT relating to taxation; establishing the circumstances under which a golf course that is located on the property of a local government and used in connection with a business conducted for profit is exempt from taxation; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator O'Connell:

    Senate Bill No. 83—AN ACT relating to property; increasing the amount of the homestead exemption; exempting from execution a greater amount of equity in certain dwellings; and providing other matters properly relating thereto.

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

    Motion carried.


Signing of Bills and Resolutions

    There being no objections, the President and Secretary signed Senate Resolutions Nos. 1, 2, 3.

    Senator Raggio moved that the Senate adjourn until Wednesday, February 7, 2001 at 11 a.m. and that it do so in honor of former President Ronald Reagan in recognition of his ninetieth birthday.

    Motion carried.

    Senate adjourned at 11:40 a.m.

Approved:    Lawrence E. Jacobsen

      President pro Tempore of the Senate

Attest:    Claire J. Clift

                Secretary of the Senate