THE FORTY-SIXTH DAY

                               

Carson City(Thursday), March 22, 2001

    Senate called to order at 11:06 a.m.

    President Hunt presiding.

    Roll called.

    All present except Senator Neal, who was excused.

    Prayer by the Chaplain, Dr. Marvin Dennis.

    Dear Father in Heaven:

    Please give these Senators and supporting staff the needed direction—in mind and heart—to discover and to live for a cause greater than what they can see right now.

    Please direct these Senators to ask You what You want to achieve through their lives; and then help them to anticipate a rich and rewarding experience as they stretch and reach farther than they have in the past.

    May each of these Senators and their staff sense Your hand upon them in blessing, guidance and love.

    This we ask in Your Wonderful Name.

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 Government Affairs, to which were referred Senate Bills Nos. 27, 46, 125, 202, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Ann O'Connell, Chairman

Madam President:

    Your Committee on Natural Resources, to which was referred Assembly Bill No. 84, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Dean A. Rhoads, Chairman

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, March 21, 2001

To the Honorable the Senate:

    I have the honor to inform your honorable body that the Assembly on this day passed Assembly Bills Nos. 176, 301; Assembly Joint Resolutions Nos. 4, 6.

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

Patricia R. Williams

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

    By Senators Mathews, Amodei, Care, Carlton, Coffin, Jacobsen, James, McGinness, Neal, O'Connell, O'Donnell, Porter, Raggio, Rawson, Rhoads, Schneider, Shaffer, Titus, Townsend, Washington, Wiener; Assemblymen Freeman, Anderson, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Buckley, Carpenter, Cegavske, Chowning, Claborn, Collins, de Braga, Dini, Gibbons, Giunchigliani, Goldwater, Gustavson, Hettrick, Humke, Koivisto, Lee, Leslie, Manendo, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Ohrenschall, Parks, Parnell, Perkins, Price, Smith, Tiffany, Von Tobel and Williams:

    Senate Concurrent Resolution No. 23—Commending Joseph N. Crowley on his service as President of the University of Nevada, Reno.

    Whereas, Joseph N. Crowley was born July 9, 1933, in Oelwein, Iowa, the third of Jim and Nina Crowley’s four children; and

    Whereas, Following service in the United States Air Force, Joseph Crowley received a bachelor’s degree in political science from the University of Iowa in 1959, a master’s degree in social science from Fresno State University in 1963 and a doctorate in political science from the University of Washington in 1967; and

    Whereas, Joseph Crowley married the former Joy Reitz on September 9, 1961, they raised four children, Theresa, Neil, Margaret and Tim, and they are now proud grandparents of six beautiful grandchildren; and

    Whereas, Joseph Crowley joined the University of Nevada, Reno, in 1966 as a temporary instructor in the Department of Political Science and in 1967 became a full-time political science professor; and

    Whereas, During the academic year 1972-73, Joseph Crowley served as Chairman of the Faculty Senate of the University of Nevada, Reno, winning the respect and confidence of his faculty peers and the university’s administration; and

    Whereas, Having been awarded a 2-year fellowship by the National Association of Schools of Public Affairs and Administration in 1973, Joseph Crowley first worked in the Water Planning Division of the United States Environmental Protection Agency and then served as Director of Institutional Studies at the National Commission on Water Quality, positions which contributed to the development of his keen insight into the legislative process; and

    Whereas, Joseph Crowley became Chairman of the Department of Political Science at the University of Nevada, Reno, in 1976, was appointed acting President of the University in 1978, and was named to the full-time position of President on March 23, 1979; and

    Whereas, Joseph Crowley has expanded the reach and influence of the University of Nevada, Reno, to other continents through the fostering of the University Studies Abroad Consortium, now one of the largest study abroad programs in the United States, with 22 participating universities and over 1,700 students in 17 countries; and

    Whereas, Counted among the many bench marks left by Joseph Crowley during his tenure as President is a new level of fund-raising exemplified by the Century Campaign of  1990-95 which raised over $124 million for the school and now contributes more than $28 million annually; and

    Whereas, The tenure of Joseph Crowley as University President brought a solid strengthening of the core curriculum at the same time that funding for research and development had a seven-fold increase to $70 million a year, thus attracting an ever-increasing caliber of teaching and research faculty; and

    Whereas, Joseph Crowley’s legislative acumen and leadership in philanthropic fund-raising led the way to a remarkable expansion of the University of Nevada, Reno, campus during the last two decades, with new facilities constructed to house growing programs of study, including business, education, engineering, journalism, medicine and mining, as well as a campus events center and an expanded fine arts complex that are utilized by the entire community; and

    Whereas, The University of Nevada, Reno, under Joseph Crowley’s leadership, has had a growing economic impact on the state, through programs of cooperative extension, continuing and distance education, small business development centers, the school of medicine and area health education centers; and


    Whereas, Joseph Crowley is not only the longest-serving President in the history of the University of Nevada, Reno, he is also the longest-serving President at a single institution among the principal public universities in the nation; and

    Whereas, In addition to serving as President of the University of Nevada, Reno, Joseph Crowley served as the President of the National Collegiate Athletic Association from 1993 to 1995, helping to reorganize the NCAA and give more power to university presidents, while at the same time bringing national attention to the University of Nevada, Reno, and;

    Whereas, Joseph Crowley has not been forgotten by the institutions he attended as a student, being named the Outstanding Alumnus of the Year by Fresno State University in 1989, and honored in 1994 with a Distinguished Alumni Award by the Alumni Association of the University of Iowa; and

    Whereas, Joseph Crowley’s sense of community service extends beyond the university in many directions, one of which is as a founding member of the Board of Trustees of Reno’s Channel 5 Public Broadcasting station, KNPB, which in the year 2000 presented him with the inaugural “Channel 5 Champion” award; and

    Whereas, One of the most important legacies of the 23 years served by Joseph Crowley as President of the University of Nevada, Reno, is the restoration of service to society, an original underpinning of the century-old idea for a land grant college and a continuing emphasis of the National Association of State Universities and Land Grant Colleges, which he served as a member of its Board of Directors from 1998 to 2000; now, therefore, be it

    Resolved by the Senate of the State of Nevada, the Assembly Concurring, That the members of the Nevada Legislature pay special tribute to Joseph N. Crowley, Ph.D., on the occasion of his departure from the position of President of the University of Nevada, Reno; and be it further

    Resolved, That the members of the Nevada Legislature express their gratitude for the outstanding contribution Joseph N. Crowley has made to the University of Nevada, Reno, and to higher education throughout Nevada; and be it further

    Resolved, That the Nevada Legislature wishes Joseph N. Crowley further success as he resumes his position on the teaching faculty in the Department of Political Science at the University of Nevada, Reno; and be it further

    Resolved, That the Secretary of the Senate prepare and transmit a copy of this resolution to Joseph N. Crowley and to the University of Nevada, Reno.

    Senator Mathews moved the adoption of the resolution.

    Remarks by Senators Mathews, Raggio, Washington, Rawson, Titus, Wiener, Coffin and Porter.

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

    Senator Mathews:

    I have known Dr. Crowley for a number of years. I am pleased to present this resolution to him. During the years, Dr. Crowley has contributed enormously to the university system. He was the President of the University of Nevada, Reno, longer than any other president. He has served this community well. I can remember many of our heated discussions about nursing on campus, and he would always win. Anyone who knows President Crowley, knows he will not stop talking so the person discussing a subject with him should just stop talking because he will keep talking and talking.

    I am pleased to call him a friend and a colleague. Through the years, he has reached out to the minority communities in our State. He has encouraged people to go to school and to make it possible for students to be part of the university system. I have watched him interview and hire people of color.

    I am pleased to talk about Dr. Crowley and his beautiful wife, Joy. She has encouraged him and helped him throughout his career. Dr. Crowley is known throughout the country. I am pleased for all the things he has done. He has touched my life. I am pleased he is my friend.


    Senator Raggio:

    It is a privilege to support this resolution. I graduated from the University of Nevada before Dr. Crowley came to the University. As a political science major, had I had Dr. Crowley as a teacher, I might have gone another uncontrollable direction and become a Democrat.

    In the 23 years during which Dr. Crowley served as President of the University of Nevada, the University has grown from a small college to a nationally recognized institution. This did not just happen. We have an excellent faculty. We have great facilities. We have good programs. These did not just happen. They happened largely because of President Crowley’s direction. He has been a constant advocate for improvement and for change within the university system. President Crowley has an unusual talent to maintain a positive relationship with the faculty, student body and the Board of Regents.

    We are pleased to join in commemorating 23 years of his service to this State. I am glad we are able to do this resolution with Joe Crowley present today. Too often, we do these as a memoriam.

    Dr. Crowley has accepted a new position as a lobbyist for the University Community College System. Though he will not continue to receive these extolling remarks, which are limited to today, he will always be welcome here. All the members of the Senate appreciate Dr. Crowley’s dedication, and we appreciate his family supporting his work over the years while he did so many good things for the State. The University is a far better institution, and this is a far better state because of Dr. Crowley’s efforts. We appreciate those efforts.

    Senator Washington:

    I support this resolution. When I was a young man, just moved up here from Las Vegas, Reno was not that inviting a community. It was new territory for me. There was a lot of snow. It was very cold, and coming from the Las Vegas climate, I was very intent on going home.

    Being a part of the athletic team at the University, when anyone mentioned Joe Crowley, he was like a god who lived in an ivory tower. If we got into any trouble, we were told we would be reported to President Crowley. We would quake in our boots and make certain we minded our “Ps and Qs.” For most athletes, if we met the university president, we knew we were in trouble.

    Later in my life, I had the opportunity to meet Dr. Crowley. I found him to be a gracious, humble and appreciative man. He supported the athletic program immensely. He brought in Coach Ault and turned the program around. Because of his support, we have an “A” class program at the University.

    Thank you, Dr. Crowley, for my opportunity to receive an education and for my being a part of the athletic program that you supported.

    Senator Rawson:

    I appreciate good leadership and good people wherever they are from. Many people in southern Nevada may have the sense that we have been able to build our institutions in spite of Joe Crowley, but the reality is that we have been able to build all of these things in conjunction with the stability he has added to the State. There have been many times I have gone to him to deal with an issue on how we can accomplish a goal. They were issues that were for the good of the State and for the good of the system. He has always been helpful. We had a stable, small college at the University of Nevada in Reno. The University was a nice system, but it had reached a point of stability. He took the University to another level and kept the trust of the people who spent their efforts in developing the University of Nevada. We have an exceptional statesman in Joe Crowley. That needs to be recognized by everyone in the State. Look at the stability of the funding, the decisions which have been made along the way, and even though there may be jealousy over some of the decisions, they were good decisions and for the benefit of all.

    I appreciate his efforts, and I am happy to still be able to work with him.

    Senator Titus:

    I, too, would like to add my words of congratulations to President Crowley. As a faculty member in the University of Nevada system and a fellow political scientist, I have great respect for both his personal accomplishments and the advances made by higher education in Nevada under his leadership. For that, we are all especially grateful. I am also pleased to say that his son, Tim, has been a student of mine in the post-masters program at UNLV(University of Nevada, Las Vegas). If he is as effective as a lobbyist for the mining association as he was in the classroom, we can forget about ever raising their taxes. In short, it is a delight to know the whole family.

    Senator Wiener:

    Thank you, Madam President. When I hear all of the wonderful words spoken about Joe Crowley in the resolution, I reflect upon some of the smaller moments of my exchanges with Dr. Crowley and how throughout the years they represent what a great man he really is in many smaller ways.

    When I was just a staff person for Senator Reid, I remember a visit we had in his office. The staff people are often the forgotten crowd. We do the behind the scenes work to help our bosses do a better job. I was not adding to the dialogue, but taking a lot of notes. As we were exiting Dr. Crowley’s office, I made a comment that my father had been a student at the University and had graduated in the early 1930s, and that while there, he had been a cheerleader and a member of the debate team. Dr. Crowley was very gracious and was proud that my dad was an alumnus. Two weeks later in Washington, D.C., I received pictures from the college annual from Dr. Crowley. These were pictures of my father leading cheers and debating on the squad that led to many victories for the University. Those pictures stay with me, among the few I have of my father. He was very shy about having his picture taken. Those memories have continued to go forward with me in my life and that of my family. It was the kindness of Dr. Crowley taking care of the little details that are among the many and most special memories that I carry with me that depict what kind of a leader, servant and friend he has been for the State of Nevada.

    Senator Coffin:

    Joe Crowley is the rock upon which the University has rested for many years. I say that in comparison to the University of Nevada, Las Vegas (UNLV), which is on its fourth or fifth President since President Crowley became President at the University of Nevada, Reno. As President, Dr. Crowley always made certain the Reno campus was taken care of, as was his duty. The students and the community owe Dr. Crowley a great debt of thanks. But at the same time, he was the guiding spirit for the wave of presidents who came and left at UNLV. Dr. Crowley helped them as much as they wanted to be helped during their tenure. He always did his best for the entire system. This is a true hallmark of leadership. As this process evolved, because of the turbulence on the Board of Regents, he became the person we went to as the beacon of truth. Thank you very much, Joe Crowley, for all of your service to us.

    Senator Porter:

    I wish to congratulate Dr. Crowley and his family. I would like to comment on the Doctor’s sense of humor. I enjoyed the Christmas card his family sent out a few years ago. I commented on how great Tim looked in the picture, and he commented that the picture had been electronically enhanced. I wish Dr. Crowley and his wife, Joy, the best.

    I want to share the pride my family has, especially, Chris and Nicole, when they speak of being a student at the University of Nevada, Reno. It goes far beyond politics; it is the legacy created by Dr. Crowley.

    I speak in support of this resolution and welcome Dr. Crowley who is becoming a part of the legislative process in Carson City. He will be able to share his experiences here, in Carson City, and we look forward to tapping those experiences.

    Resolution adopted.

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

    Motion carried unanimously.


GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

    Senator Raggio requested that the remarks of Gordon R. Sullivan, General (Retired) United States Army be entered in the Journal for this legislative day.

    Thank you, Senator Raggio, Madam President, ladies and gentlemen.

    This is a big event in my life. I have never spoken to a body in session or a body in recess. I have testified many times to members of Congress, but I have never actually stood and spoke to what is truly the power of the United States of America. When I sat here and listened to you vote for that resolution recognizing a distinguished Nevadan and distinguished American, it really brought it home to me. Thank you very much.  I am truly honored to be here with you, as I was honored to be a soldier in your army for 36 years.

    I am proud to represent over a hundred thousand members, some of whom are in this room, of the Association of the United States Army. We try to be the voice for the soldiers of the United States Army Active Guard and Reserve. I, as a former member of the Joint Chiefs of Staff, speak many times to groups around the United States and throughout the world acknowledging the services of the men and women in the Armed Forces of the United States, both active National Guard and Reserve: Army, Navy, Air Force, Marine Corps and Coast Guard. Each of them, no matter what their service, deserves a round of applause and vote of confidence from the people of the United States of America.

    I know there are WWII veterans in the room, veterans of the Korean War, the Gulf War, the War in Vietnam and veterans of all services represented not only in this Chamber but in this building. I have met them. One of them from WWII is sitting here in front of us. I know the monument, soon to be built in Washington, D.C., is a subject of discussion in this State. I think it is warranted, and I think the WWII veterans deserve such a monument in Washington, D.C. to commemorate their service.

    As I go around the United States and around the world, I spread the message that the Armed Services, today, are committed and in some cases over committed and are underpaid. Because the Armed Forces are smaller than they were during the Cold War, which is certainly appropriate, and because we find ourselves doing more than we did during the Cold War, we find a smaller number of people whether in the Active Forces or in the Guard and Reserve doing more than we were doing during the Cold War.

    I brought the Army down from almost 1.5 million people to a million people. Washington cut 40 percent of the budget, and missions went up 300 percent. We are doing more with less. People are overworked and underpaid. They need the strong support of people such as you and our elected representatives in the Congress of the United States. I certainly acknowledge the support that the American people have given people such as myself during the 36 years that I served.

    In 1992, I was in a group in Fort Leavenworth, Kansas, at the Army Command and General Staff College and was asked what I was trying to protect as I brought the Army down at the end of the Cold War. I said that I was trying to protect the essence of the United States Army. A young Major said to me, “Sir, we hear all about changes, what aren’t you going to change?” I said, “I am going to protect the essence of the United States Army, and I left the room.” When you are the senior officer present, you can give an answer like that and leave. You do not have to answer any questions.

    What is the essence of the United States Army, the essence of the State of Nevada, the essence of the United States Navy, Marine Corps, Coast Guard, and Air Force? If you want to think of the essence of the United States Navy, you can go to Pearl Harbor, stand on the Arizona Monument, look down into that black water off Ford’s Island and see the rainbow oil slick that comes up off the Arizona. Over a thousand men are entombed in that ship. Think, then, of the essence of the United States Navy and of the men and women who serve in the Navy. Go to Washington, D.C. and look at the Marine Corps Monument to Iwo Jima and think of the essence of the Marines. There are hundreds of monuments to the United States Army. Go to Normandy and look at the cemetery at Normandy. There are 10,000 crosses and Stars of David of men and women who are the essence of the United States Army, Navy, Air Force, Marines, and Coast Guard. They are people such as you, the American people who are willing to say, “Hey, look at us.” That is why a day such as this is a big deal for a guy like me from Quincy, Massachusetts.

    You are the power of the United States of America, as are those young people who represent you out in god forsaken places that no one ever heard of. It is nice to know that people like you remember them for what they did and for what they are doing. I went to Fort Bragg, North Carolina, with the President of the United States and the Chief of Staff of the Air Force after the horrible accident in which 24 paratroopers perished. We went through the hospital talking to each of the survivors. We walked into a room in which there were two female paratroopers, one of whom could not lie on her back because the skin had been burned off. The President talked to her, and as he was leaving the room, she said, “Mr. President, I have something for you.” In her hand she had a coin, a paratrooper’s coin. The President came over and held his hand out and she said, “Mr. President, this is all I have left. I want you to have it.” She turned her hand over and gave him the coin. That is the strength in those words. That is the essence of the Armed Forces of the United States. They are young boys and girls, men and women. Some are old before their time. They deserve your support; they have earned it.

    God Bless you for what you do. Thank you for having me here today. I am honored to have served you and to be in your presence.

MOTIONS, RESOLUTIONS AND NOTICES

    By Senators Raggio and Titus:

    Senate Resolution No. 4—Providing for the appointment of additional attachés.

    Resolved by the Senate of the State of Nevada, That Jude Greytak, Vicki R. LoSasso and Heather A. Miller are elected as additional attachés of the Senate for the 71st session of the Legislature of the State of Nevada.

    Senator Raggio moved the adoption of the resolution.

    Resolution adopted.

MESSAGES FROM THE ASSEMBLY

Assembly Chamber, Carson City, March 22, 2001

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. 14.

Patricia R. Williams

Assistant Chief Clerk of the Assembly

MOTIONS, RESOLUTIONS AND NOTICES

    Assembly Concurrent Resolution No. 14Commending all Nevada firefighters who fought the wildland fires in Nevada and other western states during the 2000 fire season.

    Whereas, With weather conditions throughout the 2000 fire season both hotter and drier than normal, causing fuels such as grasses, leaves and pine needles to be extremely flammable, Nevada and other western states suffered great losses because of wildland fires; and

    Whereas, The normal weather pattern was affected by La Nina, leaving in her wake the potential for a devastating fire season, with high winds and lightning adding fuel to the already hazardous fire conditions; and

    Whereas, In the 2000 fire season, Nevada had over 1,000 fires that burned 635,715 acres of land, with over 7 million acres burned nationwide, almost double the 10-year average, causing some to declare that fire season one of the most severe in the nation’s history; and

    Whereas, The ruthless wildland fires had a critical impact on the residents of our state, with the lives of many people endangered and their homes destroyed, the destruction of forests and vegetation, and the devastation of wildlife and their habitats; and

    Whereas, With many of the western states burning at the same time, these ferocious fires were contained through the heroic efforts of our firefighters, struggling to control existing fires while new ones were reported every day; and

    Whereas, With temperatures sometimes nearing 100 degrees and erratic winds increasing the danger of fighting the fires, the courageous firefighters worked to stop the spread of the fires; and

    Whereas, Under the most difficult conditions, with manpower, aircraft, supplies, equipment and other resources spread very thin, our firefighters managed to quell the fires after a long, exhausting fight; now, therefore, be it

    Resolved by the assembly of the State of Nevada, the Senate Concurring, That it is important to recognize the firefighters from the Nevada Division of Forestry of the State Department of Conservation and Natural Resources, State Fire Marshal Division of the Department of Motor Vehicles and Public Safety, Bureau of Indian Affairs, Bureau of Land Management, Fish and Wildlife Service, National Park Service and Forest Service, as well as the professional firefighters from various other local, state and federal agencies and the countless volunteers, who joined together to fight these fires; and be it further

    Resolved, That the residents of the State of Nevada will be forever grateful to all the brave men and women who put their lives on the line in the most difficult of circumstances, working in unison with firefighters from other states and nations to contain the fires in all the western states; and be it further

    Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to the chief officers of the Nevada Division of Forestry of the State Department of Conservation and Natural Resources, State Fire Marshal Division of the Department of Motor Vehicles and Public Safety, Bureau of Indian Affairs, Bureau of Land Management, Fish and Wildlife Service, National Park Service and Forest Service.

    Senator Jacobsen moved the adoption of the resolution.

    Remarks by Senator Jacobsen.

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

    I want to thank each of you who participated in the fires that were so disastrous this past year. I think most of the fire agencies were mentioned in the resolution. There were many inmate and Honor Camp crews who also participated in fighting the fires along with the Nevada Division of Forestry, U.S. Forest Service, Bureau of Land Management and county crews. Everyone who participated did an excellent job. There were a great many, and I am certain that most of them are mentioned in the resolution. I would call what they did a maximum effort. We do not invite fires or other disasters, but realizing that on the spur of the moment they can occur, we must be prepared. I attended a number of the fires and was impressed with the effort put forth, and I realized in most cases their own thought of safety was ignored. I thank the good Lord that because of their efforts and their participation, it wasn’t more disastrous than it could have been.

    I want to commend all of those who participated, especially the volunteers. It always surprises me how many people turn out with no thought of their own safety. They just want to do a job and get it done. I hope each of you will look to the future, and I thank each of you who participated in the fires during this past disastrous season.

    Resolution adopted.

    Resolution ordered transmitted to the Assembly.

    Assembly Joint Resolution No. 4.

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

    Motion carried.


    Assembly Joint Resolution No. 6.

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

    Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

    By the Committee on Government Affairs:

    Senate Bill No. 466—AN ACT relating to ethics in government; revising certain provisions regarding prohibited pecuniary interests and commitments of public officers and employees; revising provisions regarding the participation of members of a panel of the commission on ethics in certain matters; specifying a period for the retention of certain documents filed with the commission; providing a maximum civil penalty for failure to file financial disclosure statements in a timely manner; repealing the prospective expiration of the position of commission counsel; and providing other matters properly relating thereto.

    Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    By the Committee on Natural Resources:

    Senate Bill No. 467—AN ACT relating to wildlife; requiring the board of wildlife commissioners to establish the maximum number of deer and antelope tags which may be issued annually as compensation for damage to private property; and providing other matters properly relating thereto.

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

    Motion carried.

    By the Committee on Natural Resources:

    Senate Bill No. 468—AN ACT relating to taxation; imposing a tax on the transfer of real property; requiring that proceeds of the tax be used in the plant industry program and for certain purposes; and providing other matters properly relating thereto.

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

    Motion carried.

    By the Committee on Human Resources and Facilities:

    Senate Bill No. 469—AN ACT relating to health care; requiring the Center for Business and Economic Research at the University of Nevada, Las Vegas, to publish a report relating to health care services for children who are not covered by health insurance; and providing other matters properly relating thereto.

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

    Motion carried.

    By the Committee on Government Affairs:

    Senate Bill No. 470—AN ACT relating to local governments; revising the time for payment of interest on assessment bonds issued by local governments for local improvements; removing certain obsolete references; and providing other matters properly relating thereto.

    Senator O'Connell moved that the bill be referred to the Committee on Government Affairs.

    Motion carried.

    Assembly Bill No. 176.

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

    Motion carried.

    Assembly Bill No. 301.

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

    Motion carried.

SECOND READING AND AMENDMENT

    Senate Bill No. 25.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 63.

    Amend section 1, pages 1, 2 and 3, by deleting lines 2 through 20 on page 1, lines 1 through 49 on page 2 and lines 1 through 29 on page 3 and inserting:

    “125C.050  1.  Except as otherwise provided in subsection [3,] 6, if a parent of an unmarried minor child:

    (a) Is deceased;

    (b) Is divorced or separated from the parent who has custody of the child;

    (c) Has never been legally married to the other parent of the child, but cohabitated with the other parent and is deceased or is separated from the other parent; [or]

    (d) Has relinquished his parental rights or his parental rights have been terminated[,] ; or

    (e) Has prohibited visitation between the child and the great-grandparents or grandparents of the child or between the child and the other children of either parent of the child,

the district court in the county in which the child resides may grant to the great-grandparents and grandparents of the child and to other children of either parent of the child a reasonable right to visit the child during his minority . [, if the court finds that the visits would be in the best interests of the child.]

    2.  If the child has resided with a person with whom he has established a meaningful relationship, the district court [also] in the county in which the child resides may grant to that person a reasonable right to visit the child during his minority, regardless of whether the person is related to the child . [, if the court finds that the visits would be in the best interests of the child.]

    3.  There is a rebuttable presumption that the granting of a right to visitation to a party seeking visitation pursuant to subsection 1 or 2 is not in the best interests of the child. To rebut this presumption, the party seeking visitation must prove by clear and convincing evidence that the child will suffer harm if a right to visitation is not granted to the party seeking visitation.

    4.  The court may grant a party seeking visitation pursuant to subsection 1 or 2 a reasonable right to visit the child during his minority if the court finds that:

    (a) The party seeking visitation has rebutted the presumption established in subsection 3; and

    (b) The visits would be in the best interests of the child.

    5.  In determining whether [to grant a right to visitation to a petitioner pursuant to subsection 1 or 2,] the party seeking visitation has rebutted the presumption established in subsection 3 and whether the visits would be in the best interests of the child, the court shall consider:

    (a) The love, affection and other emotional ties existing between the party seeking visitation and the child.

    (b) The capacity and disposition of the party seeking visitation to:

        (1) Give the child love, affection and guidance and serve as a role model to the child;

        (2) Cooperate in providing the child with food, clothing and other material needs during visitation; and

        (3) Cooperate in providing the child with health care or alternative care recognized and permitted under the laws of this state in lieu of health care.

    (c) The prior relationship between the child and the party seeking visitation, including, without limitation, whether the child resided with the party seeking visitation and whether the child was included in holidays and family gatherings with the party seeking visitation.

    (d) The moral fitness of the party seeking visitation.

    (e) The mental and physical health of the party seeking visitation.

    (f) The reasonable preference of the child, if the child has a preference, and if the child is determined to be of sufficient maturity to express a preference.

    (g) The willingness and ability of the party seeking visitation to facilitate and encourage a close and continuing relationship between the child and the parent or parents of the child as well as with other relatives of the child.

    (h) The medical and other needs of the child related to health as affected by the visitation.

    (i) The support provided by the party seeking visitation, including, without limitation, whether the party has contributed to the financial support of the child.

    (j) Any other factor [considered relevant by the court to a particular dispute.

    4.] arising solely from the facts and circumstances of the particular dispute that specifically pertains to the need for granting a right to visitation pursuant to subsection 1 or 2 against the wishes of a parent of the child.

    6. If the parental rights of either or both natural parents of a child are relinquished or terminated, and the child is placed in the custody of a public agency or a private agency licensed to place children in homes, the district court in the county in which the child resides may grant to the great-grandparents and grandparents of the child and to other children of either parent of the child a reasonable right to visit the child during his minority if a petition therefor is filed with the court before the date on which the parental rights are relinquished or terminated. In determining whether to grant this right to a [petitioner,] party seeking visitation, the court must find , by a preponderance of the evidence, that the visits would be in the best interests of the child in light of the considerations set forth in paragraphs (a) to (i), inclusive, of subsection [3.] 5.

    [5.]7. Rights to visit a child may be granted:

    (a) In a divorce decree;

    (b) In an order of separate maintenance; or

    (c) Upon a petition filed by an eligible person:

        (1) After a divorce or separation or after the death of a parent, or upon the relinquishment or termination of a parental right;

        (2) If the parents of the child were not legally married and were cohabitating, after the death of a parent or after the separation of the parents of the child; [or]

        (3) If the petition is based on the prohibition of visitation between the child and the great-grandparents or grandparents of the child or between the child and the other children of either parent of the child, after a parent has prohibited such visitation; or

        (4) If the petition is based on the provisions of subsection 2, after the eligible person ceases to reside with the child.

    [6.] 8. If a court terminates the parental rights of a parent who is divorced or separated, any rights previously granted pursuant to subsection 1 also must be terminated, unless the court finds that visits by those persons would be in the best interests of the child.

    [7.] 9. If the court denies a petition for visitation filed pursuant to paragraph (e) of subsection 1, the court shall award reasonable attorney’s fees and costs incurred by a party who opposed the granting of the petition.

    10.  For the purposes of this section, “separation” means:”

    Senator James moved the adoption of the amendment.

    Remarks by Senator James.

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

    Thank you, Madam President. Under the current law, if you are a grandparent of a child, you will not get a court granted right of visitation for a child unless the parent of the child is deceased, divorced or separated from the parent who has custody of the child; has never been legally married to the parent of the child and deceased; has relinquished their parental rights or their rights have been terminated. Only under those limited circumstances can a grandparent or a great-grandparent petition the court for visitation with a child.

    The chairman of the Government Affairs Committee is trying to accomplish something that a number of states have tried to accomplish, and that is to give grandparents who are denied any right to visit their grandchildren the right to visit their grandchildren. A statute was passed in the State of Washington that went to the United States Supreme Court and resulted in a decision that made it difficult to draft a statute that gives a grandparent the right to visitation. That is because the due process clause in the Constitution, applicable to the states through the fourteenth amendment, gives the parent the right to make all the decisions about the child and makes it a constitutional right, a fundamental right. Therefore, any state interference with that right is looked at strictly by the Court and subject to strict scrutiny. The state has to show a compelling interest in order to override a fundamental right. Without a compelling interest, mere rational basis does not work. You have to have very compelling interests. In the Washington case, the Supreme Court found no compelling interest and struck down Washington’s law. When the chairman of Government Affairs brought this bill to the committee, we spent a lot of time with it. We studied it and heard the compelling testimony of grandparents who had been denied the right to visitation. It was very emotional. It was a difficult bill to deal with knowing that we had this constitutional issue to deal with.

    The amendment, therefore, tries to navigate those difficult constitutional waters while recognizing the fundamental right of the parent to make all decisions regarding their child. It sets forth the limited circumstances under which a court can make a finding to get a person petitioning for rights over that hurdle of a compelling state interest to set aside the fundamental right of a parent. For example: if a parent has prohibited visitation between a child and the great-grandparents or grandparents, completely, then they can petition to the court to have visitation. When the petition is heard, there is a rebuttable presumption that granting a right of visitation to the grandparents is not in the best interest of the child. Then it is the burden of the petitioner to show the child would suffer harm if the child did not have this relation with the grandparents. We had a great deal of testimony in committee that harm does exist whether it is physical harm or, not in many cases, mental harm that a child might undergo by being unreasonably, and without any predicate, denied the right to visit grandparents. If they can rebut that presumption and the court otherwise determines that it is in the best interest of the child to have visitation with the grandparents, then the court will grant the petition and will set forth the visitation.

    There is a list of factors on page 3 of the amendment, which are already in statute. Those are all the things the court considers when making this determination. The last one is being revised in the amendment. Instead of any other factor the court deems relevant, it ensures that the courts’ inquiry is just to the facts before it. That is why the language says that only factors arising solely from the facts and circumstances of the particular dispute which is before the court may be considered. Again, that ensures that the courts will not step outside the constitutional boundary. Finally, the bill provides that if you seek one of these and the petition is denied, the court can visit the cost of that petition upon the person who made it, which sets forth again an impediment but also makes the law much stronger.

    In many of the cases the committee heard, they may be able to overcome this burden and may be able to utilize this statute. The good thing about this is that, even though it does set up some difficult hurdles, the committee and the attorneys that worked with the committee believe it will withstand constitutional scrutiny. The Nevada Legislature, in putting this forward, has made a concerted attempt to deal with the constitutional questions.

    In the Troxel decision, the record of the Washington Legislature did not contain any such legislative history. It was a more, broadly worded statute, and the concern regarding the constitutional right of the parents was not given the same kind of consideration that it is here. I submit this record to the body.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

    Senate Bill No. 182.

    Bill read second time.

    The following amendment was proposed by the Committee on Judiciary:

    Amendment No. 50.

    Amend sec. 2, pages 1 and 2, by deleting lines 18 and 19 on page 1 and lines 1 and 2 on page 2 and inserting: “deliver the arrested person without unnecessary delay to a peace officer. The peace officer shall take the arrested person without unnecessary delay before the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada. [or deliver the arrested person to a peace officer.]”.

    Senator Washington moved the adoption of the amendment.

    Remarks by Senator Washington.

    Amendment adopted.

    Bill ordered reprinted, engrossed and to third reading.

GENERAL FILE AND THIRD READING

    Assembly Joint Resolution No. 2.

    Resolution read third time.

    Remarks by Senators Washington and O'Donnell.

    Roll call on Assembly Joint Resolution No. 2:

    Yeas—19.

    Nays—None.

    Excused—Neal, Rhoads—2.

    Assembly Joint Resolution No. 2 having received a constitutional majority, Madam President declared it passed.

    Resolution ordered transmitted to the Assembly.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

    There being no objections, the President and Secretary signed Senate Bill No. 64; Assembly Bill No. 22.

GUESTS EXTENDED PRIVILEGE OF SENATE FLOOR

    On request of Senator Jacobsen, the privilege of the floor of the Senate Chamber for this day was extended to Mike Dondero, Byron Slobe and Steve Robinson.

    On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to President Joe Crowley, Joy Crowley and Tim Crowley.

    On request of Senator Raggio, the privilege of the floor of the Senate Chamber for this day was extended to General Gordon Sullivan, Doug Byington, “Chuck” Fulkerson, Philip Stoneman, Joe Sweeney, Richard Hobbs; the following students from the Swope Middle School: Bryan Bailey, Joey Bright, Brianna Dos Reis, Elvia Garcia, Lee Hampton, Jacob Johannessen, Sara Johnson, Antone Lebard, Alyssa Lee, Michael Lovett, Marcella Mayfield, Amanda Nolte, Jose Orozco, Catherine Reno, Francis Reno, Marisol Rodriguez, Jalendra Shrestha, Sara Smith, Jenna Wirshing, Matthew Barker, Margaret Boulton, Alexandria Chuan, Philip Daykin, Robert Evanson, Oscar Farfan, Jeffrey Fiddler, Jennifer Hansen, Samantha Hayek, Rachel Juell, Ana Linares, Mac Little, Sergio Melchor, Anthony Morrey, Katherine Preston, Robert Riad, Tara Saller, Joe Sanders, Joseph Scafidi, Lauren Shumaker, Justin Jiri, Lindsay Smith, M. C. Waite, David Wolfe; teacher: Mr. Paul Nielsen; chaperones: Frank Daykin, Jan Reed, Debbie Bell, John Morrey and Marilyn Morrey.

    On request of Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Geoffrey Frasz.

    Senator Raggio moved that the Senate adjourn until Friday, March 23, 2001 at 10:30 a.m.

    Motion carried.

    Senate adjourned at 12:35 p.m.

Approved:Lorraine T. Hunt

               President of the Senate

Attest:    Claire J. Clift

                Secretary of the Senate