Carson City (Thursday), February 6, 2003

    Senate called to order at 11:21 a.m.

    President Hunt presiding.

    Roll called.

    All present.

    Prayer by the Chaplain, Pastor Albert Tilstra.

    O God, at this moment the Senators of this great State humbly ask for Your help and guidance. Make it a sacred moment, a moment when we all become aware of our need for You, a moment when answers come and guidance is given.

    Often, we pray for that which is already ours, neglected and unused. Sometimes, we pray for that which can never be ours, and sometimes, for that which we must do for ourselves.

    How many times we never pray at all and then work ourselves to death to earn something that is ours for the asking.

    Help us to understand that “faith without works is dead,” and that works without faith can never live.


    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.


Assembly Chamber, Carson City, February 4, 2003

To the Honorable the Senate:

    I have the honor to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 1.

Diane Keetch

Assistant Chief Clerk of the Assembly


    By Senators Raggio, Amodei, Care, Carlton, Cegavske, Coffin, Hardy, Mathews, McGinness, Neal, Nolan, O'Connell, Rawson, Rhoads, Schneider, Shaffer, Tiffany, Titus, Townsend, Washington, Wiener; Assemblymen Knecht, 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, Koivisto, Leslie, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams:

    Senate Concurrent Resolution No. 2—Recognizing February 6, 2003, as Ronald Reagan Day.

    WHEREAS, Former President Ronald Wilson Reagan, a man of humble background, worked throughout his life to preserve freedom and advance the public good, having been employed as an entertainer, a Union leader, a corporate spokesman, the Governor of California and the President of the United States; and

    WHEREAS, Ronald Reagan served with honor and distinction for two terms as the 40th President of the United States; and

    WHEREAS, In 1981, when Ronald Reagan was inaugurated President, he inherited a disillusioned nation shackled by rampant inflation and high unemployment; and

    WHEREAS, During his second election, Ronald Reagan earned the confidence of three-fifths of the electorate and was victorious in 49 of the 50 states in the general election, a record unsurpassed in the history of American presidential elections; and

    WHEREAS, During Ronald Reagan’s presidency, he worked in a bipartisan manner to enact his bold agenda of restoring accountability and common sense to government which led to an unprecedented economic expansion and opportunity for millions of Americans; and

    WHEREAS, Ronald Reagan’s commitment to America’s Armed Forces contributed to the restoration of pride in America, her values and those cherished by the free world, and prepared the Armed Forces of the United States to win the Gulf War; and

    WHEREAS, Former President Reagan’s vision of “peace through strength” led to the end of the “Cold War” and the ultimate demise of the Soviet Union, guaranteeing basic human rights for millions of people; and

    WHEREAS, After two terms in office, Ronald Reagan’s innovative and challenging program known as the “Reagan Revolution,” which focused on reinvigorating the American people and reducing their reliance upon government, was considered a complete success; and

    WHEREAS, Today, February 6, 2003, Ronald Wilson Reagan will have reached the age of 92 years; now, therefore, be it

    RESOLVED BY THE SENATE OF THE STATE OF NEVADA, THE ASSEMBLY CONCURRING, That the members of the Nevada Legislature hereby join the nation in recognizing this day, February 6, 2003, as Ronald Reagan Day in honor of a man who dedicated his life to the service of our country; and be it further

    RESOLVED, That the Secretary of the Senate prepare and transmit a copy of this resolution to Nancy Reagan, Ronald Reagan’s loving and devoted wife of 50 years.

    Senator Raggio moved the adoption of the resolution.

    Remarks by Senator Raggio.

    Senator Raggio requested that his remarks and a newspaper article from the Reno Gazette-Journal be entered in the Journal.

    Thank you, Madam President. It is indeed fitting that we observe today, February 6, 2003, the occasion of former President Ronald Reagan’s 92nd birthday. It is tragic that at that age someone who has done so much for this Nation and the world is a victim of Alzheimer’s disease. Nevertheless, it is significant we recognize the oldest living President of the United States, Ronald Reagan. We take time to understand the significance of his presidency for this country and for the world as a whole. President Reagan never lost his faith in America.

    I do not want to take a lot of time, but I do know the Reagan Presidency did much to restore America’s confidence and belief in itself. It brought with it a resurgence of patriotism, a feeling of pride, and America felt better about it all during the eight years President Reagan served. His constant optimism, his enduring faith in God and America, and his belief we could all work together to build this “Shining City on the Hill” was an inspiration to us all. He will live in all of our memories, and we extend our best wishes as a group to Nancy Reagan, who stood behind him so steadfastly during his presidency and during their entire marriage.

     In doing this, the Senate will join with the Assembly in extending congratulations to President Reagan for a lifetime of dedication and service to the ideals of America and to his wife Nancy Reagan.

    I would like to include an article that was in the Reno Gazette Journal this morning written by Tyrus W. Cobb, former special assistant for National Security Affairs to President Reagan. He says it much better than I could.

Reno Gazette-Journal—February 6, 2003

By Tyrus W. Cobb

    On this day, Ronald Reagan’s 92nd birthday, so many images of the President I worked with for six years come to mind. Who can forget what Reagan accomplished in his long life, particularly what he did in restoring our faith in America, and in ourselves, during his eight years in office? Truly, it was “Morning in America” again.

    The images—his standing in front of Berlin’s Brandenburg Gate, demanding, “Mr. Gorbachev, tear down this Wall!” His stirring address to the British Parliament in 1982 when he aroused the West to take a determined stand against international communism. His constant appeals to us to create that “Shining City on the Hill.” And, particularly poignant at this time, his moving words following the Challenger disaster, “The future does not belong to the faint-hearted. It belongs to the brave.”

    I would count first among his many accomplishments the ending of the Cold War on our terms and the initiation of a process that led to the dismantling of the Warsaw Pact, the reunification of Germany and the dissolution of the Soviet Union. Many “experts” doubted that Ronald Reagan was up to the task of dealing with the dynamic, young and globally popular new Soviet leader Mikhail Gorbachev, who took over the ruling Politburo in 1985 following years of decrepit rule by aging (Brezhnev, Chernenko) and sick (Andropov) leaders in Moscow. If the truth be known, many of the top officials in our own government weren’t so convinced that the President was ready to match wit and wisdom with Gorbachev.

    Prior to the President’s historic summit meeting with Gorbachev in October, 1985, we conducted extensive briefings and preparations for the President. Finally, Ronald Reagan called a halt to all these interminable discussions and conflicting advice, turned to all of us and said, “I have been preparing for this meeting for 40 years … If I’m not ready now, I’m never going to be.” But was he?

    Not to worry. Reagan took charge of the summit in Geneva from the outset. Who can forget, on that brilliantly blue but very cold October morning, when Reagan, wearing only his dark blue suit, bounded down the stairs of his villa to meet Gorby, who climbed out of his drab Russian-built Chaika limousine, wrapped from head to toe in his overcoat and oversized fur hat? Reagan had the psychological advantage and kept it throughout the summit.

    Although the negotiations were difficult and protracted, and Gorbachev proved to be as intelligent, knowledgeable and facile as we had anticipated, Reagan held firm to his principles. No more unverifiable treaties (“Trust, but verify,” he loved to say in Russian,) no more agreements codifying Soviet superiority in arms on the European continent, no more tolerating Moscow’s refusal to grant its citizens basic human rights, and—perhaps most important to the President—no more reliance on offensive nuclear missiles to provide for our security. Reagan particularly would not compromise on his deep-felt desire to move away from a dependence on the threat of annihilating each superpower’s population as a basis for maintaining our security.

    Gorbachev hung firm on many key points, especially in his opposition to Reagan’s “Strategic Defense Initiative.” I think he was hoping that the President would “understand” that an agreement on Moscow’s terms would ensure that the President emerged from the summit as a popular and respected world leader and peacemaker. Reagan rejected the appeal and held to his principles. Gorbachev folded.

    But it was not these concrete accomplishments, impressive as they are, that I best remember about the President. Rather, it was his constant optimism, his enduring faith in God and America, and his belief that we could build this “Shining City on the Hill.” Reagan returned to that theme in his final address from the Oval Office. “My friends,” he said,” “we made the city freer, and we left her in good hands. All in all, not bad at all.”

    Yes, not bad at all. Happy birthday, Mr. President. And may God bless you.

    Resolution adopted.

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

    Motion carried unanimously.

    Resolution ordered transmitted to the Assembly.

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

    Senate in recess at 11:32 a.m.


    At 11:42 a.m.

    President Hunt presiding.

    Quorum present.


Assembly Chamber, Carson City, February 6, 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. 2.

Diane Keetch

Assistant Chief Clerk of the Assembly


    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

    WHEREAS, 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.

    Senator Rawson moved the adoption of the resolution.

    Remarks by Senators Rawson, Neal and Raggio.

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

    Senator Rawson:

    Thank you, Madam President. This resolution speaks well for itself. I know that many of you remember that morning. As I watched the news that day, it was a terrible shock to realize people were dying in front of my eyes. It is still very difficult for me to understand there are thousands of people in the world today who are dedicated to killing Americans. It is difficult to understand their viewpoint when our wish is to allow freedom and democracy throughout the world.

    Things will never be the same because of this event. I think all of us are dedicated to try to build a better world. Like the victims of other holocausts, we need to see that these people are never forgotten. I would urge all of you to join with me and with the Assembly in memorializing them on this day.

    Senator Neal:

    Madam President, to you and all of the Senators. I rise in support of this resolution. It was a tragic day, September 11, 2001. We should never forget. Let us express the hopes, beliefs and desires of all Americans that this should never happen again. I think we should also be aware that as a world power we have a duty to try to do good in the world. When these situations occur, we must never forget our sense of justice and the Constitution we hold so dear. We must not find ourselves responding in such a way, emotionally or otherwise, that we create a totalitarian system within this country as we try to deal with the prospect of this happening again.

    I would like to remind the Senate that in the 1960s a gentleman from Berkley, William Burdick, wrote a book called The Ugly American. He expressed how we took advantage of the freedoms we hold dear. We heard some expression of that from the piece that appeared on the screen announced by former President Reagan. It put forth the idea of the greatness of this country. We have to understand there are other people in the world who are living in poverty and who are not so fortunate. This country holds a duty to try to help correct and not fence us off. We do not want to become this little state within world power that cannot see anything but ourselves. We also must be able to think beyond these borders and to see other people and their problems. I would hope we try to address those problems.

    The resolution is fine, but this country is not self-sufficient in its own resources. We must understand that. We have the continents of Africa, Asia and the Middle East all supplying us with certain resources needed to keep this an industrialized nation. They allow us to enjoy the things we have—automobiles and homes. That tells us we should never try to isolate ourselves from other people in the world. There are people out there we are going to need for our own support in the future. We should look toward that.

    This was a tragic event. Will it happen again? I do not know. Can we do something to prevent it from happening again? I think we can, but we hear Homeland Security is stopping people and looking at them because they are a different color than most Americans who think of themselves as white. We should remember there are other people out there. I just heard a report, recently, on “60 Minutes.” It talked about IIT, (India Institute of Technology). It has produced more scholars in this country than we generate ourselves. They make Microsoft look good. All our technology we have in the dot-coms, primarily, comes from those individuals. When Gandhi was head of India, he came to build that institute. Now, it is spreading all over the world. Many of those individuals are here. We have to remember we are the Nation of many faces. We are not just one voice or one language. The other day I was talking to the Governor, and he mentioned that in Clark County we have 54 different languages being spoken. That calls upon us to be more cosmopolitan in our viewpoint. When we are struck with a tragedy, we have to remember we are a nation of many faces. Let us not just appeal to the emotion that is generated from this tragedy but also look beyond this and try to do good for the people of the world.

    Senator Raggio:

    Thank you, Madam President. I certainly speak in favor of this resolution. I want to go on record as saying I categorically reject, out of hand, any suggestion that this Nation has done anything to justify this type of terrorist act. Certainly, there is nothing in this resolution that is racist. This Nation is a nation of many faces with much diversity. This is a Nation who has always tried to help the rest of the world. Just recently, President Bush recommended a tremendous amount of money in aid to deal with AIDS in Africa. We have consistently, from the “Truman Plan” and “Marshall Plan,” tried to help the rest of the world. No one is going to convince me that the face of this Nation is such that we somehow attract this kind of violence. We are not and should not be responsible. I will not accept the responsibility as an American for any justification for those people who acted as terrorists in this terrible tragedy that occurred on September 11.

    Resolution adopted.

    Resolution ordered transmitted to the Assembly.

    Senator Raggio moved that the following persons be accepted as accredited press representatives, and that they be assigned space at the press table and allowed the use of appropriate media facilities: COX COMMUNICATIONS: Steve Schorr; KLAS-TV: Brandon Eisenberg; KNPB-TV: Janice Baker; LAS VEGAS REVIEW-JOURNAL: Jane Ann Morrison, Lisa Bach, Joelle Babula, Jan Moller, Natalie Patton, Kevin Cannon, Amy Bennett; NEVADA APPEAL: Maria Dal Pan and NEVADA RANCHER: Don Bowman.

    Motion carried.


    By Senator Raggio:

    Senate Bill No. 58—AN ACT relating to hazardous waste; providing that certain required analyses relating to hazardous waste and regulated substances must be performed by certified laboratories; requiring the State Environmental Commission to adopt regulations for the certification of such laboratories; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Rhoads:

    Senate Bill No. 59—AN ACT relating to education; authorizing the board of trustees of a school district under certain circumstances to provide a program of instruction based on an alternative schedule without the approval of the Superintendent of Public Instruction; and providing other matters properly relating thereto.

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

    Motion carried.

    By Senator Cegavske and Assemblywoman Giunchigliani:

    Senate Bill No. 60—AN ACT relating to trade practices; providing for damages under certain circumstances against a retail seller who fails to deliver merchandise reserved for purchase by a retail buyer pursuant to an agreement for layaway; and providing other matters properly relating thereto.

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

    Motion carried.

    By the Committee on Human Resources and Facilities:

    Senate Bill No. 61—AN ACT relating to education; prohibiting an employee or agent of a school district from taking certain actions relating to the use of psychotropic drugs by pupils; authorizing certain employees of a school district to suggest that a pupil be evaluated for placement in a special program; and providing other matters properly relating thereto.

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

    Motion carried.

    By the Committee on Human Resources and Facilities:

    Senate Bill No. 62—AN ACT relating to the University and Community College System of Nevada; requiring a publisher or manufacturer of instructional materials to provide an electronic version of such materials upon written request of an institution for use by university or college students, staff or faculty with print access disabilities who are unable to use standard instructional materials; establishing procedures for making written requests for electronic versions of instructional materials from a publisher or manufacturer; authorizing the Board of Regents of the University of Nevada to establish centers to process such written requests; and providing other matters properly relating thereto.

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

    Motion carried.


Signing of Bills and Resolutions

    There being no objections, the President and Secretary signed Senate Bill No. 1; Senate Resolutions Nos. 1, 2, 3; Assembly Concurrent Resolution No. 1.


    On request of Senator Mathews, the privilege of the floor of the Senate Chamber for this day was extended to teachers: Mrs. Morton, Mrs. Prosser, Mrs. Tovar and the following students from the Libby Booth School: 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, Carolina Lopez, Ernesto Carillo, 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, Scott Saddler, Clarissa Kearns, Zach Jernberg, Andre Cruz, 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 Senator Rawson, the privilege of the floor of the Senate Chamber for this day was extended to Lynette Boggs McDonald.

    On request of Senator Schneider, the privilege of the floor of the Senate Chamber for this day was extended to Sharon Pearson, Curtis Jones, Matt Kurtz, Melynn Thompson, Lessica Lewis, Courtney McGuire and Molly Rautenstrausoh.

    Senator Raggio moved that the Senate adjourn until Friday, February 7, 2003, at 10:30 a.m.

    Motion carried.

    Senate adjourned at 12:04 p.m.

Approved: Lorraine T. Hunt

President of the Senate

Attest:    Claire J. Clift

                Secretary of the Senate