Carson City (Thursday), February 6, 2003


    Assembly called to order at 11:16 a.m.

    Mr. Speaker presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Reverend Bruce Henderson.

    Father, we come to You today in difficult times. Our nation is in a time of war as well as a time of national bereavement. Our state is in financial hardship. And, here we are. What can we do? Where can we turn? We cry out with King David of old, “To Thee, O Lord, I lift up my soul.” Please hear us and help us. Thank You.


    Pledge of allegiance to the Flag.

    Assemblywoman Buckley moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.

    Motion carried.

    Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 11:21 a.m.


    At 11:22 a.m.

    Mr. Speaker pro Tempore presiding.

    Quorum present.

        By Assemblymen Perkins, Anderson, Andonov, Angle, Arberry, Atkinson, Beers, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Gustavson, Hardy, Hettrick, Horne, Knecht, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Pierce, Sherer, Weber and Williams; Senators Rawson, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O'Connell, Raggio, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington, and Wiener:

    Assembly Concurrent Resolution No. 2—Memorializing the victims of the events of September 11, 2001.

    Whereas, On September 11, 2001, terror struck the heart of America, but that terror found no resting place in the hearts of Americans who, in the moments and days following the first realization that our country had been attacked, countered with courage and an outpouring of love and compassion that evidence the best of our great Nation; and

    Whereas, We will not forget the shocking events of that Tuesday morning in
September 2001, and we will not forget the stories of heroism and determination that unfolded in New York City, at the Pentagon and in the skies over Pennsylvania as ordinary people faced the most frightening circumstances one could possibly imagine and met the challenge by risking their own lives in heroic attempts to help others; and

    Whereas, By their examples, we have learned from these heroes how to respond to evil with good, and to respond to terror with love, and in remembering their selflessness, we are given the strength to continue to reach out to the people we meet each day with kindness and respect; and

    Whereas, We, as Americans, have been blessed with democracy and freedom, and endowed with the gift to do good, and the responsibility to do no less; and

    Whereas, From the Civil War to the Great Depression to World War II, American life has always been about facing challenges and rising up together to set a shining example of a society based on equality, freedom and tolerance; and

    Whereas, As we struggle with the loss of so many lives, 2,801 at the destruction of the World Trade Center Towers, 184 at the attack on the Pentagon, and the 40 passengers and crew members of United Airlines Flight 93, each with a face and a name, and families and friends who loved them, we also recognize our own mortality and take the opportunities presented each day to express our love and appreciation for those around us, and make the most of the days remaining for each of us; now, therefore, be it

    Resolved by the assembly of the State of Nevada, the Senate Concurring, That united in our national mourning, we will remember every family that lives in grief and we pray that their sorrow is fading even as the thoughts of their loved ones remain as cherished and comforting memories; and be it further

    Resolved, That the thousands of innocent victims whose lives were brought to a tragic and horrifying end by evil too terrible for most to comprehend, will be honored by our common and unending pursuit of freedom and peace in the world, and by our continued dedication to public service and respect for all humanity.

    Assemblyman Atkinson moved the adoption of the resolution.

    Remarks by Assemblymen Atkinson, Anderson, Chowning, Ohrenschall, Perkins, and Angle.

    Assemblywoman Buckley requested that the following remarks be entered in the Journal.

    Assemblyman Atkinson:

    Thank you, Mr. Speaker pro Tempore. Since the attacks on our great nation on September 11, we have seen people come together and exhibit great patriotism and compassion. For these reasons I move that our body adopt ACR 2.

    Assemblyman Anderson:

    Thank you, Mr. Speaker pro Tempore. I rise in support of the resolution. The tragedy of that day is important for us to recognize because of the people: the fire departments that rushed into the twin towers, the people aboard those planes, and the heroic efforts of all the people in Pennsylvania. 

    Assemblywoman Chowning:

    Thank you, Mr. Speaker pro Tempore. I proudly rise in support of ACR 2. That day will be one of those days we will never, never forget, nor will we forget where we were when this devastating attack on our nation occurred. Those who thought that they were going to devastate our country and divide us and make us fall were sadly, and gladly, defeated. No, in fact, they did just the opposite. Our nation has never been so unified, nor have we seen so many of our flags being prominently displayed other than on Election Day or on the 4th of July. It makes me very proud and very sad that something like this occurred and it took that to unify our citizens. I proudly rise in support of this and I am very glad that our Legislature is taking this opportunity to say that we are so proud of the 3,000 and some victims who gave their lives on that day, and I proudly honor those heroes.

    Assemblywoman Ohrenschall:

    Thank you, Mr. Speaker pro Tempore. I, too, rise in support of this resolution. I think it is very important that we never forget the destruction that was wrought. But, at the same time that we realize we are a strong nation bonded in love, brotherhood, and understanding, and we who have survived in this nation have rededicated ourselves to the principles for which this nation was created, which our founding fathers fought for, which every other group of our American servicemen fought for through the years, and we really want to have hatred defeated around the world and just go on from there. Thank you. 

    Assemblyman Perkins:

    Thank you, Mr. Speaker pro Tempore. I, too, rise in support of the resolution. I remember that day very, very well, in that it was a morning just like any other. Getting up, preparing for the workday, when my wife, who is an earlier riser than I am, came in to explain what she saw on the television. An aircraft had struck one of the World Trade Center towers. I joined her in watching the events unfold and literally, while we were trying to follow the news, was watching when the second aircraft struck the second tower. Knowing at that point that things were going to change that day, significantly, we accelerated our rate of preparedness. I found myself having an emergency staff meeting at the police department regarding things that we’d do in law enforcement and, ultimately, spending a great deal of time at the Las Vegas Field Office of the FBI trying to figure out what was going on and how we were going to ensure the safety of the citizens that we were responsible for. All this, and everything since, certainly changed the world as we know it. It’s a different place than it ever was, but there are some good things that have come from it. Certainly the patriotism that we see today, I think, always existed in our country but it has found a stronger foundation and more expression. As the resolution says, it is very important that we remember that day like none other. The term “9/11” will always have a different meaning now, and whatever we can do to prevent a future event, and whatever we can do to help through remembrance and prayers of the families and friends of those that were struck by this tragedy, I think, will be of benefit for us as a country and as a world. With that I urge the support of this resolution. Thank you, Mr. Speaker pro Tempore.

    Assemblywoman Angle:

    Thank you, Mr. Speaker pro Tempore. I rise in support of ACR 2, as well. We were at the World Trade Center, many of us, just a month before this happened. So it was with disbelief and horror that we watched. I think, as we memorialize those who were victims, we need to remember those who went to their aid as well, some from our own state. My brother-in-law works with the Red Cross and the Salvation Army, and this past year he has spent many long hours in New York City working at the Salvation Army providing meals for those who were going through the rubble. It’s a horrible thing to think of, that we have to pick up the pieces after something like this, but I want to recognize that Nevadans played their part as well. As my colleague from the South noted, it has pulled us together as a nation, but also has sent representatives from each one of the states to New York. We go to the aid of our brothers and sisters in other states and I think that it is through these challenges, these times of hardship, that our nation does pull together.

    I think that as we look toward possibly another occurrence and a war, that we will see a nation pulling together once more. I thank you, Mr. Speaker pro Tempore, for allowing me to say these things. 

    Resolution adopted unanimously.

    Assemblywoman Buckley moved that all rules be suspended and that Assembly Concurrent Resolution No. 2 be immediately transmitted to the Senate.

    Motion carried unanimously.


    By Assemblymen Griffin and Hardy:

    Assembly Bill No. 49—AN ACT relating to energy; revising the definition of renewable energy to include waterpower for the purposes of the portfolio standard for renewable energy for certain providers of electric service and for net metering and optional pricing; and providing other matters properly relating thereto.

    Assemblyman Griffin moved that the bill be referred to the Committee on Commerce and Labor.

    Motion carried.

    By Assemblymen Koivisto, McClain, Ohrenschall, Parks, Chowning, Atkinson, Buckley, Claborn, Collins, Conklin, Goldwater, Leslie, Manendo, McCleary, Pierce, and Williams; Senator Carlton:

    Assembly Bill No. 50—AN ACT relating to statutes of limitation; reviving for a limited time certain causes of action based on the effects of silicone that is injected or implanted into the body; and providing other matters properly relating thereto.

    Assemblywoman Koivisto moved that the bill be referred to the Committee on Judiciary.

    Motion carried.

    By Assemblymen Koivisto, Gibbons, McClain, Parks, Anderson, Atkinson, Buckley, Chowning, Claborn, Collins, Conklin, Goldwater, Horne, Leslie, Manendo, McCleary, Ohrenschall, Sherer, and Williams:

    Assembly Bill No. 51—AN ACT relating to public health; prohibiting a person, under certain circumstances, from requesting or requiring the consent or concurrence of any person to carry out an anatomical gift made by the donor; and providing other matters properly relating thereto.

    Assemblywoman Koivisto moved that the bill be referred to the Committee on Health and Human Services.

    Motion carried.

    Mr. Speaker pro Tempore announced if there were no objections, the Assembly would recess subject to the call of the Chair.

    Assembly in recess at 11:35 a.m.


    At 11:39 a.m.

    Mr. Speaker pro Tempore presiding.

    Quorum present.


Senate Chamber, Carson City, February 6, 2003

To the Honorable the Assembly:

    I have the honor to inform your honorable body that the Senate on this day adopted Senate Concurrent Resolution No. 2.

Mary Jo Mongelli

Assistant Secretary of the Senate


    Senate Concurrent Resolution No. 2.

    Assemblyman Knecht moved the adoption of the resolution.

    Remarks by Assemblymen Knecht, Gibbons, Griffin, and Carpenter.

    Assemblyman Knecht requested that the following remarks be entered in the Journal:

    Assemblyman Knecht:

    Thank you, Mr. Speaker pro Tempore. President Ronald Wilson Reagan, starting from modest beginnings that represent a wide cross section of American culture, worked throughout his life serving freedom and advancing the public good. As this resolution notes, in 1981, when President Reagan was inaugurated, he inherited a disillusioned nation shackled by rampant inflation and high employment. By 1984, his reelection theme was, “It’s Morning in America!” It truly was morning in America. The unity, the sense of purpose, the amiability, the sense of humor and goodwill he brought to the task of being President led us to something we will need here in this Chamber in the coming days. I am privileged to note that the Speaker and other members have been trying diligently to forge that same sense in this House in recent days as we begin our work.

    Mr. Speaker pro Tempore, Mr. Reagan’s commitment to an active social policy agenda for the nation’s children helped lower crime and drug use in our neighborhoods. It is especially appropriate this week to honor Ronald Reagan. After the Challenger disaster in 1987, he spoke comfortingly to the nation, setting the model for President George W. Bush this week as he spoke to the nation and led us in mourning in the wake of the Shuttle Columbia disaster.

    Mr. Speaker pro Tempore, President Ronald Wilson Reagan’s legacy is celebrated as defeating the evil empire of communism, restoring our national pride, and ending economic malaise by cutting taxes.

    Lastly, Mr. Speaker pro Tempore, as a small-town boy from downstate Illinois named Ronald, who came west as a young man to prosper eventually in politics, I feel a special affinity for Ronald Wilson Reagan and I urge all of you to join me in this proclamation and in sending President Reagan and Nancy Reagan our good wishes. Thank you, Mr. Speaker pro Tempore.

    Assemblywoman Gibbons:

    Thank you, Mr. Speaker pro Tempore. I rise in support of this resolution, honoring our former President on his 92nd birthday. However, nine years ago when he was just 84, he brought forth the cause of Alzheimer’s by coming out publicly. We can only assume 2 million people had Alzheimer’s at that time. I think, as a result of his courage to come out and be frank with the American public, and to let them know how devastating this disease can be, 25,000 Nevadans have benefited from increased education. As such, we also want to remember that the fight is never over and we must continue to look for ways to help people with this deadly disease, which is the longest way of saying goodbye.

    Assemblyman Griffin:

    Thank you, Mr. Speaker pro Tempore. I do rise in support of this resolution. Before this legislative session began, the only other time I had been able to sit in this Body was as a member of Boys’ State. I think most of us are familiar with the Boys’ State program. It’s where senior high school students all across Nevada can gather and learn about their state government. One of the blessings I got from going to Boys’ State was being selected to go to Boys’ Nation, a similar program where two boys from every state gather in Washington, D.C., and learn about the federal government. One of the memories I took from that, probably the greatest memory—and for me it was a week full of memories— was a chance to go to the White House, take the tour, and then go to the Rose Garden and actually have a 20-minute “sit-down” with Ronald Reagan. A hundred boys from all across the country and President Reagan. It was a great experience, and it was probably one of the inspirations that led me back to this Body where I sit today. I support this resolution. Thank you.

    Assemblyman Carpenter:

    Thank you, Mr. Speaker pro Tempore. I rise in support of SCR 2. Ronald Reagan, when he ran for President the first time, came to Elko. At that time, I was on the County Commission. We all went to greet him and shake his hand and listen to him speak. Little did we know that we were looking at the making of history. I think the greatest thing, in my estimation, that
Ronald Reagan did, was to bring down the Iron Curtain. There is no question that our former Senator, Paul Laxalt, was probably closer to Ronald Reagan than anyone. When Paul Laxalt came to Elko this fall to celebrate the 35th Anniversary of our Community College, he reiterated a few Ronald Reagan stories. I do want to support this resolution, and I’m proud to do so.

    Resolution adopted unanimously.

    Assemblywoman Buckley moved that COX COMMUNICATIONS:
Steve Schorr; NEVADA RANCHER: Don Bowman, be accepted as accredited press representatives, that they be assigned space at the press table in the Assembly Chambers and that they be allowed use of appropriate broadcasting facilities.

    Motion carried.


    On request of Assemblyman Anderson, the privilege of the floor of the Assembly Chamber for this day was extended to Noel Morton,
Mariela Alonso, Michelle Baltazar, Andrew Becker, Cameron Otto,
Cody Boos, Maria Garcia, Yovana Guerrero, Montrel Hoskins, Asma Khan, Briana Lockett, Jorge Lopez, Peter McGaffic, Jaime Perez, Fernando Perez, Ramonita Quiles, Michal Rempala, Sarah Schneider, Oscar Soto,
Deja Thomas, Loy Thomasson, Leeann Wagner, Robbie Wendt,
Tyana Wendt, Amy Prosser, Carolina Lopez, Ernesto Carillo, Andres Cruz, Jaime Moran, Janet Esparza, Jonathan Smart, Luis Arreygue,
Lupe Rodriguez, Manuel Negrete, Mari Chavez, Mario Paredes,
Nancy Armenta, Noemi Marquez, Paloma Ojeda, Rafael Salazar,
Raul Carral, Stacy Dominguez, Scotty Saddler, Clarissa Kearns,
Zach Jernberg, Kathy Tovar, Jose Arroyo, Jessica Barajas, Flor Carrillo, Aubrey Ellis, Guadalupe Hernandez, Travis Hughes, Courtney Iversen, Jasmeen Kaur, Richard Long, Salomon Martinez, Rocio Molina, Samuel Nava, Anthony Perazzo, Christopher Pierce, Carlos Rangel, Jose Regla, Dennis Smith, Ashley Vicks, Noel Villalobos, Yap Malcolm, and
Miguel Bernal.

    On request of Assemblywoman Buckley, the privilege of the floor of the Assembly Chamber for this day was extended to Al Wittenberg,
Sharon Pearson, Curtis Jones, Matt Kurtz, Melynn Thompson, Jessica Lewis, Courtney McGuire, and Molly Rautenstrausch.

    Assemblywoman Buckley moved that the Assembly adjourn until Friday, February 7, 2003, at 11:00 a.m.

    Motion carried.

    Assembly adjourned at 11:54 a.m.

Approved:                                                                Richard D. Perkins

                                                                                  Speaker of the Assembly

Attest:    Jacqueline Sneddon

                    Chief Clerk of the Assembly