NEVADA LEGISLATURE
Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL
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THE SIXTY-FIFTH DAY
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Carson City (Tuesday), March 25, 1997
Assembly called to order at 10:45 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Williams, who was excused.
Prayer by the Chaplain, The Reverend Richard H. Campbell.
We humbly pray to You for the people of this Nation in general and the citizens of Nevada in particular. Be gracious to us all this day. Especially bless this Assembly as it deliberates on our behalf. May their actions be to Your glory and to the safety, honor and welfare of the people. May Your work this day be upon the best and surest of foundations; that peace, happiness, truth and justice may be established among us. Accept now our thanksgiving for Your presence in our lives. We pray in Your Glorious Name.
Amen.
Pledge of allegiance to the Flag.
Assemblyman Perkins 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.
MOTIONS, RESOLUTIONS AND NOTICES
Mr. Speaker appointed Assemblymen Amodei and Cegavske to invite the Senate to meet in Joint Session with the Assembly to hear an address by United States Representative James A. Gibbons.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Bill No. 186, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Christina R. Giunchigliani,
Chairman
MESSAGES FROM THE SENATE
Senate Chamber, Carson City, March 25, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed, as amended, Assembly Bill No. 224.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bills Nos. 149, 191.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 29, 91, 92, 93.
Mary Jo Mongelli
Assistant Secretary of the Senate
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Goldwater, Buckley, Herrera, Giunchigliani, Ohrenschall, Perkins, Anderson, Bache and Evans:
Assembly Bill No. 303-- An Act relating to tenancies; prohibiting a landlord of a dwelling unit from terminating a tenancy except for cause; requiring such a landlord to pay interest on the security deposit of a tenant; limiting the amount that may be charged by such a landlord for cleaning; allowing a tenant of such a landlord to withhold rent under certain circumstances; prohibiting a landlord from providing for the nonadmittance of certain tenants; and providing other matters properly relating thereto.
Assemblyman Goldwater moved that the bill be referred to the Committee on Commerce.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 304--An Act relating to gaming; providing immunity to certain persons from civil liability for certain disclosures of information regarding a cash transaction; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 29.
Assemblyman Perkins moved that the bill be referred to the Concurrent Committees on Judiciary and Ways and Means.
Motion carried.
Senate Bill No. 91.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.
Senate Bill No. 92.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.
Senate Bill No. 93.
Assemblyman Perkins moved that the bill be referred to the Committee on Commerce.
Motion carried.
Senate Bill No. 149.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 191.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
second reading and amendment
Assembly Bill No. 150.
Bill read second time.
The following amendment was proposed by the Committee on Government Affairs:
Amendment No. 109.
Amend the bill as a whole by deleting sections 1 and 2 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
"Section 1. Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Upon approval of the state board of finance, a state agency may enter into contracts with issuers of credit cards or debit cards to provide for the acceptance of credit cards or debit cards by the agency:
(a) For the payment of money owed to the agency for taxes, interest, penalties or any other obligation; or
(b) In payment for goods or services.
2. Before a state agency may enter into a contract pursuant to subsection 1, the agency must submit the proposed contract to the state treasurer for his review and transmittal to the state board of finance.
3. If the issuer charges the state agency a fee for each use of a credit card or debit card, a contract entered into pursuant to subsection 1 must include:
(a) A provision that requires the state agency to pay the fee charged by the issuer for the use of the credit card or debit card; or
(b) A provision that authorizes the state agency to collect a service charge from the cardholder for the use of the credit card or debit card.
4. A state agency may collect a service charge from a cardholder in an amount not to exceed the fee that the issuer charged the agency for the use of the credit card or debit card unless the contract entered into pursuant to subsection 1 prohibits the collection of such a charge.
5. If, pursuant to paragraph (a) of subsection 3, the state agency is required to pay the fee charged by the issuer for each use of a credit card or debit card, the payment of such fees by the agency shall be treated as any other administrative cost of the agency.
6. As used in this section:
(a) "Cardholder" means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.
(b) "Credit card" means any instrument or device, whether known as a credit card or credit plate, or by any other name, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.
(c) "Debit card" means any instrument or device, whether known as a debit card or by any other name, issued with or without a fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds.
(d) "Issuer" means a business organization, financial institution or authorized agent of a business organization or financial institution that issues a credit card or debit card.
(e) "State agency" means an agency, bureau, board, commission, department, division or any other unit of the executive department of state government.
Sec. 2. Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A local government may enter into contracts with issuers of credit cards or debit cards to provide for the acceptance of credit cards or debit cards by the local government:
(a) For the payment of money owed to the local government for taxes, interest, penalties or any other obligation; or
(b) In payment for goods or services.
2. If the issuer charges the local government a fee for each use of a credit card or debit card, a contract entered into pursuant to subsection 1 must include:
(a) A provision that requires the local government to pay the fee charged by the issuer for the use of the credit card or debit card; or
(b) A provision that authorizes the local government to collect a service charge from the cardholder for the use of the credit card or debit card.
3. A local government may collect a service charge from a cardholder in an amount not to exceed the fee that the issuer charged the local government for the use of the credit card or debit card unless the contract entered into pursuant to subsection 1 prohibits the collection of such a charge.
4. If, pursuant to paragraph (a) of subsection 2, the local government is required to pay the fee charged by the issuer for each use of a credit card or debit card, the payment of such fees by the local government shall be treated as any other administrative cost of the local government.
5. As used in this section:
(a) "Cardholder" means the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.
(b) "Credit card" means any instrument or device, whether known as a credit card or credit plate, or by any other name, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.
(c) "Debit card" means any instrument or device, whether known as a debit card or by any other name, issued with or without a fee by an issuer for the use of the cardholder in depositing, obtaining or transferring funds.
(d) "Issuer" means a business organization, financial institution or authorized agent of a business organization or financial institution that issues a credit card or debit card.
(e) "Local government" has the meaning ascribed to it in NRS 354.474.".
Amend the title of the bill by deleting the second and third lines and inserting:
"with issuers of credit cards or debit cards to provide for the acceptance of such cards by those entities for certain payments; and".
Amend the summary of the bill to read as follows:
"Summary--Authorizes governmental entities to contract with issuers of credit cards or debit cards to provide for acceptance of such cards by those entities for certain payments. (BDR 31-271)".
Assemblyman Bache moved the adoption of the amendment.
Remarks by Assemblyman Bache.
Amendment adopted.
Bill ordered reprinted, engrossed and to third reading.
Senate Bill No. 62.
Bill read second time and ordered to third reading.
The Members of the Senate appeared before the bar of the Assembly.
Mr. Speaker invited the Members of the Senate to chairs in the Assembly.
IN JOINT SESSION
At 11:06 a.m.
President of the Senate presiding.
The Secretary of the Senate called the Senate roll.
All present except Senators Neal, Porter and Townsend, who were excused.
The Chief Clerk of the Assembly called the Assembly roll.
All present except Assemblyman Williams, who was excused.
The President of the Senate appointed a Committee on Escort consisting of Senator Mathews and Assemblyman Hettrick to wait upon Representative James A. Gibbons and escort him to the Assembly Chamber.
The Committee on Escort in company with The Honorable James A. Gibbons, United States Representative for Nevada appeared before the bar of the Assembly.
The Committee on Escort escorted Representative Gibbons to the rostrum.
The Speaker of the Assembly welcomed Representative Gibbons and invited him to deliver his message.
Representative Gibbons delivered his message as follows:
Message to the Legislature of Nevada
Sixty-Ninth Session, 1997
Thank you very much, Mr. Speaker, President Hammargren, Senator Raggio, Senator Titus, Assemblyman Perkins, Assemblyman Hettrick, members of the Legislature, Supreme Court Justices, constitutional officers, and fellow Nevadans.
Please allow me to take a brief moment to make a special introduction of someone who is very special to me and well known to many of you. During my service in Desert Storm in 1991, she served in this body as an assemblywoman. Let me introduce my wife, Dawn.
As I look out over this august body in this great chamber, I am reminded of my first experience as a state assemblyman. I was a freshman then, and eight years later, I'm still a freshman. I look over at the chair where Assemblywoman Ohrenschall sits, and I remember that I once sat there too, only it wasn't in one of those nice, inviting, $750 chairs. Hopefully, they're not too comfortable because we wouldn't want the session to go on any longer.
Legislators in our state are far more sensible than those in Washington. In both houses of Congress, there are two separate wings with an aisle separating them. All of the Democrats sit on the left, and all of the Republicans sit on the right. In Nevada, we have it exactly correct. Democrats and Republicans sit among each other and work together for the benefit of all Nevadans, despite political affiliations. Because you know, as well as I do, that good legislation is the result of both sides working together, shaking hands rather than shaking fists. It is indeed a pleasure to return to Carson City, and I see so many friends who I always looked upon for sage advice. In this very room, I developed fond memories, lasting friends, and a great respect for public service. My first experience and exposure to the legislative process was during the 1989 session when I was just a typical beginner. My predecessor had encouraged me to take on a simple bill that he had requested before his departure. It was A.B. 55, and it had nothing to do with the speed limit. This bill prohibited that ghastly practice of living in storage sheds, and that "legislative trial balloon," as Speaker Dini called it--gee, you were just in your fourth term as speaker then--was referred back to the desk of Mouryne Landing, now Mrs. Dini. I believe it went from third reading and final passage back to the desk a record 10 times before it was ever passed. So to you 12 freshman in the class of 1997, I offer you this advice: Be very cautious about ideas your forerunner may suggest you undertake. Sometimes there is a reason why they didn't, they wouldn't, or they couldn't do it themselves.
I look out and I see Senator Mike McGinness. Mike and I entered the legislature in 1989 as freshman members of the Assembly. Mike was always bemusing the fact that he represented such a large area of the State of Nevada. Well, Mike, I know exactly how you feel now. So many miles and so little time between campaigns. Each crusade is an odyssey of adventure, always finding out more about our independent heritage and western spirit. But it is here, in Carson City, where I learned so much from so many people about government service.
Senator Bill Raggio is one of Nevada's true legends and respected statesmen. He is a straight shooter, calls it like it is, and if it's a bad bill, like the ticket scalping bill in 1993, he's been known to send his "subtle veto" on such things. I believe one of the biggest travesties in Nevada's political history is not sending Bill Raggio to the United States Senate. It would have been exciting to see Bill Raggio work his magic in Washington, especially with some of the egos back there. Bill, maybe you'll reconsider that one of these days; however, I believe that Dottie will exercise her veto first.
It is also in this chamber that you so warmly welcomed my wife, Dawn. When I received a call to the Persian Gulf, she displayed as much courage as anyone I know. Before driving to Carson City each morning, Dawn would watch General Norman Schwarzkopf's and Colin Powell's morning press conference. Painfully aware of the events taking place on the other side of the world, she served the 23rd Assembly District with enthusiasm, sensitivity and strength. Each day she would pray for the war to end and for me to return home safely and quickly--just so she could give this job back to me!
Dawn is my finest wing man, but let me thank some very special legislators for taking her under their noble wings: Assemblywomen Jan Evans, Joan Lambert, Sandie Krenzer, and the indomitable Assemblyman Bob Price. You encouraged and helped her each day, and we will be forever grateful to you. This experience taught me the power of human character, candor and compassion that so many public servants here in Nevada have.
The value of a good education is critical to our nation's future. We must support the goal of having every child able to read by the time they are eight years old, and please allow me to stipulate that I believe that that should be in English. For this vision to succeed, we must determine what works and what doesn't work and what will work in the future for our schools. Historically, one aspect of learning has proven itself that it is the teaching of reading, writing, math, and science, the basic foundation of every child's education. In this search for what works, let me introduce to you an educational success story here in Nevada.
In rural Nevada, 60 miles southwest of Ely, is Duckwater. Duckwater is a one-room schoolhouse. It's not fancy; it's not elaborate. In Duckwater, their schoolteacher is an historic person. Their teacher teaches students of all walks of life--Native American, ranching and farming kids, migrant workers' children, and children from the oil and gas area out there. For 35 years, Edna Foresgren has focused on the basics of math, English, reading, writing, history, and geography. A vast majority of her students go on to receive a higher education, a higher degree. Many of her students receive college degrees and Ph.D.s; some are veterinarians, some are doctors. For 35 years, Edna has taught in this one-room school class and schoolhouse, focusing on the education of her children, teaching the basics and sending these kids, with that foundation, to college. Let me introduce to you a 1997 Michael Milken nominee for Teacher of the Year in the Nevada area, Edna Foresgren.
What I'd like to do now is introduce to you my idea of an unconventional backpack for our children. This is an ample book carrier, of course, for a future student at "Bernice Mathews Elementary School." Now, this backpacker must be a political activist, because attached is a campaign bumper sticker, and I guess we've advanced in time because here is Megan Miller, the governor's youngest daughter, running for President of the United States. I'll bet she'll win. Inside this backpack is this traditional pencil, which will probably still be around late in the 21st century, and four books: English ("property, Bernice Mathews Elementary School"); math; science; history. These are tools needed before one prepares to move on to the computer.
Sometimes the more things change, the more they stay the same. Much has been said about computers right here in this building. These are wonderful tools--computers and the Internet, but they are simply two of many. They haven't, they can't, and they never will replace the books in our libraries because reading builds those fundamental skills and critical thought processes that are necessary for a child's early training and a continual life of education for an adult.
One solution to this process is to engage parents more in the decisions and outcome of their children's educations, and in this effort I am reminded of the story of Ben Carson. Ben Carson, a young black boy growing up in Harlem, New York, was living in poverty. He had a mother, but no father. By the time Ben had reached the eighth grade, he could barely accomplish second grade work. Failing at school, on the verge of turning to a life of crime to find his way out, Ben's mother decided to get involved--to change the future of her son's life. Ben's mother, although she was very poor, knew the value of reading and writing. She made young Ben Carson walk to the local library and read just two books a week and write her a book report on the subject of each of those books. Within just one year, Ben Carson went from failing every subject to being the top honor graduate of the ninth grade. Ben Carson graduated from high school as the valedictorian and Phi Beta Kappa from Harvard. Now he is the chief of pediatric neurosurgery at Johns Hopkins University.
Instead of being a statistic, Ben Carson is a success story, all because he was made to read. By the way, when Ben was required by his mother to read those two books and to write those book reports, little did Ben know that his mother could not read or write herself. Seeing the success and watching the triumph of her son encouraged her to learn. Today, Ben Carson's mother holds an honorary doctorate degree from New York State University.
The lessons are clear. For the future of our children, schools need to be safe places where children aren't threatened; a secure haven where they're able to learn more, not less. We all know education resource dollars are far too scarce. It is up to all of us to make the most out of those limited support funds. We cannot afford to needlessly waste one penny. Whether it is in Washington or here in Carson City, we must seek new solutions that allow us to realize our vision and obtain our goals. As we prioritize where to spend taxpayer dollars, we must always commit to spending them in our classrooms where they will have the greatest impact. Our money should be reserved for our children and our teachers, not for Washington bureaucrats.
We all agree with the President on his commitment to address the wave of juvenile crime and the affliction of drugs that is washing over our nation. In this battle, our commitment must be aggressive, strong, and powerful. As parents, we must engage ourselves in the academic process as well as the academic environment of our children.
At this time, please indulge me. I would like to introduce my young son, Jimmy. Jimmy is one of three reasons why I decided to run for Congress, and he's on break from school. He attends year-round school while his older brother and sister are still attending classes in Reno at the University of Nevada. As products of Nevada's fine public education system, I am proud that they have been schooled here in Nevada. Our greatest assets are our children. They are our future and our best investment.
Let me move on. Personal freedom has enabled America to become the richest and most prosperous country on earth. As prosperous as we are, however, it is equally important to remember that children, veterans, seniors, and disabled should never be hungry, homeless, helpless or abused. This is not a Republican issue, it is not a Democrat issue, but a human one. It demands compassionate solutions.
To help seniors, Congress is tasked with ensuring the solvency of the Social Security Trust Fund. It is a number one priority in this term's agenda. We have been informed that Social Security will be broken in 32 years. That means busted and bankrupt. It is very bad news for seniors and those of us who are baby boomers. We cannot allow this to happen. For those of us planning to be around in the year 2029, we must do everything in our power to save Social Security. After all, it is our money.
To help with this, I have co-sponsored the Social Security Preservation Act of 1997. This will require the managing trustees of the Social Security Trust Fund to invest the annual surpluses of the trust funds into federally-insured, interest-bearing securities and certificates of deposit. This will prevent those notorious spendthrifts on Capitol Hill from using it to balance the budget.
Also at the top of our congressional priorities for our families and our children's future is balancing the federal budget. Three weeks ago, the amendment to balance the budget failed by just one vote in the United States Senate. It seems clear that the weak link in our federal government is fiscal responsibility. I am a proponent of the balanced budget amendment, and I will continue to fight for its passage. Seventy to 80 percent of the American people support a constitutional amendment to force Washington to live within its means. The public has to balance its own checkbook, and they demand the same of Washington. Now, some will argue that a constitutional amendment isn't necessary, but a close look at recent federal budgets show a completely different story. The federal budget hasn't been balanced in the past 28 years. Our nation's debt now stands at well over $5 trillion. The latest proposal from the President shows a deficit of nearly $70 billion. If we persist down this path, it will ultimately lead to continual higher and higher taxes for every working American.
Washington has proven itself, that it doesn't have the discipline necessary to balance the budget, and that is why an amendment to the Constitution is necessary and expedient. If we don't balance the budget, that bridge to the future may become the "bridge over troubled waters."
Besides balancing the budget, Congress must reform our tax system. In just three weeks, you and I and millions of other Americans will struggle with our Internal Revenue Code in a desperate attempt to determine our tax obligation. I am committed to reforming the current tax rules. These rules are so complex that it is extremely difficult, if not impossible, for the average person to understand, let alone a $4 billion computer that was paid for to solve the problem of figuring out the Internal Revenue Code. You shouldn't have to hire a certified public accountant or a tax attorney to do something that you are obligated to do every year.
Next month, I will be joining Representative Jennifer Dunn in championing the Internal Revenue Service Accountability Act. Many constituents have complained about the numerous problems with our system of taxation. One of the major concerns is the intrusive nature of the IRS. This bill will bring greater accountability to this agency, from the commissioner on down to the field agent. We need to provide a more civilized, if not gentler and kinder, Internal Revenue Service, as well as a reformed tax system that is flatter, fairer, and simpler for all Americans.
Recently, we heard about an elderly gentleman in Fallon whose health was failing. He had achieved what we used to call the "American Dream." He had founded a small and successful family business. Unfortunately, he was not using the remaining time of his life to reflect on his happy years with his loved ones. Instead, he was concerned with their future, having to worry about how his children would pay his death tax without selling the family business and the family home. It is unfair. The estate tax, or death tax, is one of the worst provisions of the existing tax code. This is why I am proud to support the Family Preservation Act. This bill completely repeals the estate and gift taxes. These taxes penalize families who have worked so hard to provide financial security for themselves and their children and grandchildren. These people who saved for that "rainy day" or for their "golden years" are finding out that it was all for nothing. The truth was discovered too late. They learned that they had only scrimped and saved and sacrificed for some stranger in government to feast upon while their children are left a pittance. Repealing the estate tax, reducing or eliminating the capital gains tax, and making the income tax easier, flatter, and fairer are worthy first steps in easing America's tax burdens and making it more equitable.
Sometimes, Washington has its priorities all out of balance. Rather than worrying about how to obtain an extra dime from an individual who is being laid to rest, they should be focusing on how to extend and prolong lives in the first place. Following in the footsteps of my predecessor and respected colleague, Barbara Vucanovich, I am proud to join many of my colleagues in Congress in the fight against breast cancer. This disease is the second-leading cause of cancer deaths among American women. Last year it claimed the lives of some 44,000 mothers, wives and daughters. Preventative medicine and concentrated efforts toward improving the patient's quality of life will greatly decrease the incidence of this devastating disease and improve survival rates.
I am proud also to have attached my name to two bills which address these goals. The Breast Cancer Early Detection Act, which was introduced by my southern colleague, John Ensign, will ensure coverage of annual mammograms under Medicare. Yearly mammograms will lead to early detection when treatment options are most promising. The Women's Health and Cancer Rights Act of 1997 will end the gruesome practice of "drive-through mastectomies." It will ensure coverage of inpatient hospital care following surgery. This bill is comprehensive legislation that returns personal medical decisions to the patient and her attending physician.
As we work to improve the health of all Americans, we must also work to improve the quality of life for working families. I supported the Working Families Flexibility Act. This bill will allow employers to offer their employees a voluntary option of selecting paid compensatory time off instead of overtime wages. This alternative will effectively make it easier for working mothers and fathers to balance their work and family lives. It will allow parents the time off to care for sick or injured children. It will allow them to attend parent-teacher conferences or even a child's piano recital.
A major project of the first session of the 105th Congress is also the reauthorization of the Intermodal Surface Transportation Efficiency Act, commonly and affectionately known as ISTEA. Each member of Congress was required to submit to the Transportation and Infrastructure Committee a proposal for highway project funding in their district. I want Nevada's tax dollars to be returned to our state so that we can complete needed projects like the Carson City bypass, I-580 extension, and some greatly needed public transportation projects in our communities.
Additionally, I am endorsing a request from Congressman Bob Stump of Arizona for a new bridge over the Colorado River to replace the current, but very dangerous, Hoover Dam Bridge. In the halls of Congress, this bridge has affectionately become known as the "bridge to the 21st century."
Another important goal for our environment is that we work to protect Lake Tahoe for future generations. Our "Lake of the Sky" is a national treasure, and it is the pride and joy of all Nevadans, whether you're from the south, from the north, from the east, or from the west. It is necessary because numerous pollutants have caused the water to lose its renowned clarity, and the surrounding pine trees are now starting to die. Preserving Lake Tahoe is critical, not only to our environment, but also to our tourism-based economy as well. I am working with Nevada's delegation in solving Tahoe's transportation problems and to maintain that precious balance with nature. We must pull together to become a single, powerful voice to ensure that this natural resource is preserved.
Few, if any, problems have become more challenging in recent years than the disposal of nuclear waste. Nevada has long been targeted as the nation's nuclear dumping ground even though we have no nuclear reactors in our state. In 1987, Congress designated and selected Yucca Mountain to be the exclusive repository for this nation's nuclear refuse. I believe there should be certain standards on the basis of sound reasoning, engineering and science. In addressing nuclear waste storage, we should recognize the safety, health and welfare of this nation's citizens first.
This is not just a Nevada issue because many states will be directly affected by rail and trucking transportation routes through which this waste must pass. A high speed accident could unseat a valve or damage a seal, releasing hazardous particulate matter into the environment. Each one of these casks of nuclear waste holds up to 24 fuel assemblies. In terms of poisonous gas, each fuel canister contains 10 times the amount of radioactivity that was released from the bomb that we dropped in World War II on Hiroshima. We cannot have this material simply dumped in our laps, and we must--it becomes clearly evident--address as federal legislators, the biospheric and safety concerns of every American.
In addition to the nuclear waste problem, I noticed in the newspaper recently that California is now seeking to dump their landfill refuse in our backyard. These people believe that they should heap their spoiled garbage on us. Well, I say rubbish! We won't be trashed with their fried, green, organic waste.
Before I was sworn in as a member of Congress, it became very evident that dealing with the maze of bureaucracy would be very difficult. Recently, the Bureau of Land Management published regulations in the Federal Register claiming to consolidate their law enforcement authority that they said was previously granted to them. Their intent was to gather all of their constabulary rights and present them together, and this was done to make the public aware of their pledged authority. After reading the proposed regulation, I was appalled by the unconstitutional power they have deemed for themselves.
Along with several other members of Congress, we requested that the subcommittee chairman, Jim Hansen, conduct hearings on these new law enforcement regulations. Chairman Hansen agreed, and it was soon after that that Secretary Babbitt withdrew the proposed regulation changes.
Unfortunately, it seems that Mr. Babbitt just doesn't get it. He still believes BLM possesses additional police powers, and once again, we have to go back to Chairman Hansen and encourage him to follow through with his scheduled hearings so that we, in Congress, can actually tell him that we disapprove of the proposal. It is critical, in my belief, that the federal government live within its constitutional boundaries. I will do everything in my power to assure that they do not purloin anything more from the people of Nevada.
The abuses to the prosperity and independence of this state do not stop here. In the President's budget, he is proposing a direct attack on one of Nevada's largest industries. His proposed budget would eliminate the percentage depletion allowance. This was originally created in recognition of the capital demands that are required to explore, develop and maintain mineral-producing properties. Percentage depletion allowance is more important to the continued viability of the domestic mining industry today than at any other time. Repeal of this provision, ladies and gentlemen, would cost Nevada an annual estimate of $220 million. This assault on Nevada would reduce household incomes by an estimated $68 million in Nevada. This proposal would mean the loss of about 2,300 high-paying jobs for our workers in Nevada. Because of the large salaries the mining industry pays, Nevada families now have a better living standard. This proposal would impose a hardship for many, and it is one that we must work to defeat.
Nevada's mining industry and its federal lands are, again, not the only areas under attack. Every day, the eastern establishment attacks our entertainment industry. Nevada's number one industry, gaming, has been unfairly characterized and is under assault. Those on the Potomac would just love to get their greedy little hands on our life's blood. They just can't leave us alone. Nevada has been in this business for well over 60 years. We already have the most self-imposed, controlled, and regulated industry in the world. We have paid our fair share and more. It is difficult enough without Washington's intrusion. Our gaming revenues support Nevada schools, Nevada causes, Nevada goals. We do not need their interference in our lives, in our land, or in our businesses.
Nevada's Second Congressional District is well populated with military personnel, veterans and a number of installations. Nellis Air Force Base, Fallon Naval Air Station, Hawthorne Ammunition Depot, and many Nevada National Guard units are located within its boundaries. There are also included in these bases such great institutions as the Air Force and Navy Fighter Weapons Schools, 2,500 National Guard members, 12 Guard units as well as a major Army ammunitions depot. I am very pleased, as a member of the Readiness, Research and Development Subcommittees, to be on National Security. My appointment to the Air Power, Guard and Reserve, Depot and Army Caucuses, enables me to better serve the needs of this region. Each of these subcommittees and meetings directly relate to military issues, personnel and families within our state.
In addition to your efforts here in this body, I am working with Congressman Ensign to build our first 190-bed veterans' home in Nevada a reality. Funding for this freestanding nursing and extended-care facility for our vets will come from a combination of federal and state funds.
Ladies and gentlemen, whether it's education, nuclear waste, the environment, Social Security, businesses, business tax, BLM, health, or any other issue, I will always fight for your best interests. I have not forgotten the reason folks sent me to Congress. It was to portray, to reflect and simulate their voices. I have fought for my country during two wars, and I will fight for my state in the battle Washington has waged on Nevada.
As I leave here to undertake that challenge, let me conclude my remarks by wishing you all well as you address so many important issues facing our great state. May you always exclude any aisles, any barriers, real or imagined, that may separate you from serving the best interests of the people. May God lead, guide and direct you in your decision-making process, and may you always work together in protecting, representing and serving the interests of the state we love, Nevada.
Senator Rhoads moved that the Senate and Assembly in Joint Session extend a vote of thanks to Representative Gibbons for his truly timely and interesting message.
Motion carried.
The Committee on Escort escorted the Representative to the bar of the Assembly.
Assemblyman Arberry moved that the Joint Session be dissolved.
Motion carried.
Joint Session dissolved at 11:56 a.m.
ASSEMBLY IN SESSION
At 12:18 p.m.
Mr. Speaker presiding.
Quorum present.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Collins, Lee, Parks, Braunlin, Tiffany, Gustavson, Price, Sandoval, Manendo, Evans, Chowning, Nolan, Anderson, Ohrenschall and Amodei:
Assembly Bill No. 305--An Act relating to elections; reducing the monetary threshold for campaign contributions that must be separately identified by candidates, certain persons who make expenditures on behalf of candidates, committees for political action and persons who advocate the passage or defeat of questions on an election ballot; reducing the monetary threshold for campaign expenditures that must be reported by certain persons who make expenditures on behalf of candidates, committees for political action, political parties, committees sponsored by a political party, persons who advocate the passage or defeat of questions on an election ballot and committees for the recall of a public officer; reducing the monetary threshold for campaign contributions that must be reported by a committee for the recall of a public officer; and providing other matters properly relating thereto.
Assemblyman Collins moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Lee, Parks, Tiffany, Koivisto, Hickey, Gustavson, Nolan, Anderson, Collins and Arberry:
Assembly Bill No. 306--An Act relating to property; regulating the affairs of decedents by adopting the Uniform Probate Code; revising provisions for disclaimer of interests in property; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Lee moved that the bill be referred to the Committee on Judiciary.
Motion carried.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Anderson moved that Assembly Bill No. 243 be taken from the Chief Clerk's desk and re-referred to the Committee on Judiciary.
Motion carried.
unfinished business
Consideration of Senate Amendments
Assembly Bill No. 224.
The following Senate amendment was read:
Amendment No. 113.
Amend the bill as a whole by deleting section 1 and renumbering sections 2 through 6 as sections 1 through 5.
Amend sec. 2, page 2, line 10, by deleting: "3 and 4" and inserting: "2 and 3".
Amend sec. 4, page 3, line 6, by deleting "3" and inserting "2".
Amend sec. 4, page 3, line 8, by deleting "5" and inserting "4".
Amend sec. 4, page 3, line 11, by deleting "3" and inserting "2".
Amend sec. 4, page 3, line 14, by deleting "3" and inserting "2".
Amend sec. 4, page 3, line 15, by deleting "Make" and inserting:
"Notwithstanding the provisions of NRS 353.288, make".
Amend sec. 4, page 3, line 18, by deleting "3" and inserting "2".
Amend the summary of the bill, third line, by deleting "(BDR 31-1496)" and inserting "(BDR S-1496)".
Assemblyman Perkins moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 224.
Remarks by Assemblyman Perkins.
Motion carried.
Bill ordered transmitted to the Senate.
Signing of Bills and Resolutions
There being no objection, the Speaker and Chief Clerk signed Assembly Resolution No. 6 and Senate Bill No. 48.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman de Braga, the privilege of the floor of the Assembly Chamber for this day was extended to Scotty Mason and Karen Frye.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Edward Gobel.
On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Melissa Leavister.
On request of Assemblyman Krenzer, the privilege of the floor of the Assembly Chamber for this day was extended to Caryl Gobel.
On request of Assemblyman Marvel, the privilege of the floor of the Assembly Chamber for this day was extended to Ben Gunther.
On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to David Boggs.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Marcus Gobel and Jessi Winchester.
Assemblyman Perkins moved that the Assembly adjourn until Wednesday, March 26, 1997 at 11 a.m.
Motion carried.
Assembly adjourned at 12:31 p.m.
Approved: Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly