NEVADA LEGISLATURE
Sixty-ninth Session, 1997
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ASSEMBLY DAILY JOURNAL
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THE NINETY-THIRD DAY
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Carson City (Tuesday), April 22, 1997
Assembly called to order at 10:52 a.m.
Madam Speaker pro Tempore presiding.
Roll called.
All present.
Prayer by Elder Harold Miller of the Walker River Paiute Tribe.
We come to You today in blessings of You for this gathering and to pray for all the people here today to have better working relationships with our Indian communities from all reservations. We are praying to the Grandfathers for a blessing for each and every one in our Indian country, for our sick people in hospitals and pray for our boys in the military service. Grandfathers, bring them home safely and unharmed. Bless each and every one of us on our journey back home today. Aho.
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.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblymen Dini, Evans, Marvel, Neighbors, Von Tobel, Berman, Amodei, Goldwater, Anderson, Lambert, Parks, Koivisto, Lee, Gustavson, Sandoval, Mortenson, Collins, Hettrick, Arberry, Williams, Buckley, Humke, Nolan, Price, Braunlin, Perkins, Chowning, Herrera, Hickey, de Braga, Bache, Tiffany, Segerblom, Ohrenschall, Freeman, Manendo, Ernaut, Carpenter, Close, Krenzer, Giunchigliani and Cegavske:
Assembly Bill No. 393--An Act relating to Native Americans; revising the provisions relating to the commemorative day for Native Americans; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
Assemblyman Bache moved that the Assembly recess subject to the call of the Chair.
Motion carried.
Assembly in recess at 10:57 a.m.
ASSEMBLY IN SESSION
At 11:02 a.m.
Madam Speaker pro Tempore presiding.
Quorum present.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Government Affairs, to which was referred Assembly Bill No. 393, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Douglas A. Bache,
Chairman
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Bache moved that all rules be suspended, reading so far had considered second reading, rules further suspended, Assembly Bill No. 393 declared an emergency measure under the Constitution and placed on third reading and final passage.
Motion carried.
GENERAL FILE AND THIRD READING
Assembly Bill No. 393.
Bill read third time.
Remarks by Assemblymen Bache, Dini and Carpenter.
Roll call on Assembly Bill No. 393:
Yeas -- 42.
Nays -- None.
Assembly Bill No. 393 having received a constitutional majority, Mr. Speaker declared it passed.
Assemblyman Bache moved that all rules be suspended and that Assembly Bill No. 393 be immediately transmitted to the Senate.
Motion carried unanimously.
Madam Speaker pro Tempore announced that if there were no objections, the Assembly would recess subject to the call of the Chair for the purpose of hearing the Flag Song presented by Patty Hicks and Lucinda Benjamin.
Motion carried.
Assembly in recess at 11:14 a.m.
ASSEMBLY IN SESSION
At 11:19 a.m.
Mr. Speaker presiding.
Quorum present.
Mr. Speaker announced that if there were no objections, the Assembly would recess subject to the call of the Chair for the purpose of hearing an address by Mr. Joseph J. Frank, National Commander of the American Legion.
Motion carried.
Assembly in recess at 11:28 a.m.
ASSEMBLY IN SESSION
At 11:52 a.m.
Mr. Speaker presiding.
Quorum present.
REMARKS FROM THE FLOOR
Assemblyman Perkins requested that the following remarks be entered in the Journal.
Joseph J. Frank, National Commander, American Legion:
Lieutenant Governor Hammargren, Speaker Dini, members of the Nevada State Legislature, veterans, ladies and gentlemen--thank you for inviting me to your beautiful state. I certainly appreciate your interest in the concerns of The American Legion.
Before I get into the substance of my remarks, I want to recognize a few patriotic Americans, some of whom accompanied me here this morning. The Nevada Legislature and The American Legion share a special distinction. Both are stomping grounds of State Senator Lawrence Jacobsen of Minden. Senator Jacobsen has looked out for the interests of veterans throughout his 34 years in the Nevada Legislature, and he is a survivor of the Japanese attack on Pearl Harbor. Lawrence, take a bow.
Also here with me today are officials from the Nevada Department of The American Legion: Commander of the Nevada American Legion, John Stingerie of Hawthorne; First Vice Commander of the Nevada American Legion, H. B. Williams, of Laughlin; Second Vice Commander, Pat Burch of Hawthorne; and, lastly, a member of the Carson City County Planning Commission, a former Nevada Assemblyman, former Nevada state senator, and an American Legion National Executive Committeeman, Archie Pozzi.
Sometimes after I read the morning paper, I shake my head in despair. I read about all of the bad things that happen in our nation and I ask my wife, Barbara, "What's our nation coming to?" Too many children are out of control; too many streets are unsafe; too many sick veterans feel abandoned; and the Supreme Court says it's okay to burn the American Flag. I ask you, what is this nation coming to?
I believe our nation's problems boil down to a decline in traditional values -- pure and simple. People who join patriotic organizations such as The American Legion and the American Legion Auxiliary are fighting to restore those values. Just as you elected officials, we want to be a part of the solution rather than silent, unwitting bystanders who are part of the problem.
There is one thing I really love about the Silver State. Nevadans live up to their state's motto. You really are "All For Our Country," and that's a big deal to a Missourian.
Some people say they're in favor of restoring values, but they aren't. Some people say they care about veterans, but they don't. What you say to a Missourian doesn't mean anything unless you practice what you preach. I'm from Missouri. You have to "Show Me."
There's a vein running through this state legislature that bears a commodity more precious than any mineral--the spirit of Americanism. The breadth of Nevada's diversions is exceeded by the depth of Nevadans' support for the one unifying symbol of our nation. Nevada stands with The American Legion family in support of a constitutional amendment to protect Old Glory from physical desecration. While social misfits, who don't even know what they're doing, stand on Old Glory, the people of Nevada stand by Old Glory. The Nevada Legislature passed a resolution in support of a flag-protection amendment, and every member of the Nevada congressional delegation supports a constitutional sanctuary for Old Glory. Nevadans should be proud of that, and I thank you for that, my friends. The amendment, House Joint Resolution 54, was introduced February 13 by Representatives Gerald Solomon of New York and William Lipinski of Illinois. The bill has 303 supporters in the U.S. House of Representatives, far more than the two-thirds required, and both members of Nevada's delegation are among the bill's, as of yesterday, 272 co-sponsors. That's an incredible number of co-sponsors for anything, especially a constitutional amendment. The House vote will be held between Flag Day, June 14, and Independence Day. After the House vote, a companion bill will be introduced in the Senate, where 64 members of the Senate say they'll vote to protect Old Glory.
The bottom line is we need three more Senate votes to send the flag-protection amendment to the states for ratification. We know the Senate will be our battleground. In the 104th Congress, the amendment passed in the House, but it fell three votes short in the Senate. At least we don't need to lobby for Senate votes in Nevada.
People here have certainly shown me a resolve to translate the will of the people into the law of the land. That's one reason I'm honored to be with you this morning. I like your style here in Nevada. This state does not forget about the men and women who stood in harm's way to preserve the freedoms we all enjoy in this country.
Charles Abbott directs a veterans-service apparatus that's doing great things for those who sacrificed for freedom. With the support of this state, a chapel will be built at the Boulder City Veterans Cemetery, where more than 5,000 veterans are buried. I urge you to enter into a partnership with the federal government to build that chapel, a partnership in which Nevada would only have to cover 35 percent of the construction cost.
With the support of this 69th Nevada Legislature, this state can do more for older veterans. I commend this body for considering funding a veterans nursing home in southern Nevada. My thanks to Governor Miller for including a $6.7 million appropriation in his capital improvements budget. The federal government would pick up nearly two-thirds of the construction cost and provide per diem and Medicaid payments. The State of Nevada can't get a better deal than that. Many of Nevada's 190,000 veterans are seniors, so Nevada needs the 180 beds that the facility would provide. Mike O'Callaghan Hospital, a fine facility at Nellis Air Force Base, must devote its resources to active duty personnel--first.
Older veterans need--not want, but need--a facility designed to put them first. While I'm talking about health care, I must point out that most veterans can't use the Department of Veterans Affairs health care system. That's real unfortunate. The system has restrictions on who can be treated. Those restrictions are budget-driven. The American Legion has a remedy. The GI Bill of Health will be introduced later in this session of Congress. If Congress passes the GI Bill of Health, then the VA health care system will become accessible to all our nation's veterans and their families under certain managed-care principles. Service to existing VA patients will not be curtailed. I hope your congressional delegation backs The American Legion's newest GI Bill, and not just because it will make VA health care accessible to all veterans. Of course, you may recall the original GI Bill that was authored by The American Legion, and many of us in this room may have used the GI Bill of Education. The GI Bill of Health would also let the VA health care system retain third-party funding, which will preserve this vital national asset for future generations. The system needs the additional funding to survive. Without it, the VA will simply crumble.
A moment ago, I talked about your state's potential partnership with the federal government. Now I want to remind you of another partner--The American Legion Family. When it comes to upholding traditional values, Nevada and The American Legion Family are a winning team.
Think about how the people of Nevada benefit from The American Legion Family's presence. Think of all the native sons and daughters of the Silver State who've participated in Boys State and Girls State, Boys Nation and Girls Nation, the National High School Oratorical Contest, and, of course, American Legion Baseball. Think of all the children who will be a little safer because the McGruff Safe Kids program taught them how to avoid abduction. Think of all those hospitalized veterans who were helped by volunteers from our Legion family. Think of all those veterans who will use the Department of Veterans Affairs health care system, which Legionnaires in Nevada and across the nation are fighting to maintain. Think of the countless veterans who depend on American Legion service officers to help them file claims for disability compensation, including sick Gulf War veterans who deserve long-term treatment for their symptoms while scientists search for the cures and the causes of their illnesses.
Last week, I got a letter from a disabled Gulf War veteran in Germany named Steven Wood. Steven will testify Thursday before a U.S. House Committee investigating the government's handling of Gulf War illnesses. If there ever were words to characterize The American Legion's commitment to our nation's newest wartime veterans, Steven Wood chose them. Steven Wood was declared 100 percent disabled by the Department of Veterans Affairs. Steven figured his 100-percent disability rating would be an impossible dream, but The American Legion's Gulf War Task Force paved the way for people such as Steven to receive just compensation. He writes: "I knew that I was entitled to 100 percent from the VA, but I figured I would have to fight for years to get it. With The American Legion on my side, it was done right the first time." Those are heartwarming words.
Think about the difference The American Legion has made in the lives of many veterans in Nevada and elsewhere who seek benefits. Finally, think of the moral impact of providing constitutional sanctuary for the American Flag--the unifying symbol of this great nation.
Now I want to put all that bad news in the daily newspaper into perspective. We mustn't forget that, for all the discouraging news, there is a lot of good work being done that seldom gets reported today. And much of the community service in Nevada is performed by this state's nearly 7,000 Legionnaires. Programs that uplift our nation's young people, take care of veterans, and restore values don't make headlines very often, but those programs make a positive impact on our communities. That is what counts. As long as I'm breathing, I'm going to don my American Legion cap every day and go to work in an organization comprised of 3 million men and women who are "Still Serving America." I'm certain what will be going on here in Nevada. You, the members of the Nevada Legislature, and the people of your state, will continue to practice what you preach, especially taking care of veterans, standing by Old Glory, and working to preserve traditional values along with members of your Nevada American Legion Family. This is a place where people pull together to do the right thing.
Nevadans supported one another during flooding in January in the northern region. Nevadans have stood for a constitutional sanctuary for our Flag. And Nevadans have forged a covenant with their veterans--our nation's patriots--who sacrificed for our blessed American freedom. I'm from Missouri. You have to "Show Me." Nevada has shown me beauty which neither its resorts nor its entertainment complexes can equal--the beauty of a people who exemplify mutual helpfulness, the beauty of a people who love their country and cherish its Flag, and the beauty of a people who are "All For Our Country."
Thank you for the opportunity to be here.
REPORTS OF COMMITTEES
Mr. Speaker:
Your Committee on Government Affairs, to which were referred Assembly Bills Nos. 67, 287, 314, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Douglas A. Bache,
Chairman
Mr. Speaker:
Your Committee on Judiciary, to which were referred Senate Bills Nos. 64, 88, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Bernie Anderson,
Chairman
Mr. Speaker:
Your Committee on Transportation, to which was referred Senate Bill No. 9, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Vonne Chowning,
Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was referred Assembly Bill No. 198, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.
Morse Arberry, Jr.,
Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was referred Assembly Bill No. 261, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry, Jr.,
Chairman
Mr. Speaker:
Your Committee on Ways and Means, to which was re-referred Assembly Bill No. 185, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.
Morse Arberry, Jr.,
Chairman
MESSAGES FROM THE SENATE
Senate Chamber, Carson City, April 21, 1997
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day adopted Assembly Concurrent Resolution No. 7.
Also, I have the honor to inform your honorable body that the Senate on this day passed Senate Bill No. 186.
Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bill No. 118.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
Assembly Concurrent Resolution No. 5.
Resolution read.
Assemblywoman Freeman moved the adoption of the resolution.
Remarks by Assemblywoman Freeman.
Resolution adopted, as amended.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblywoman Evans (by request):
Assembly Bill No. 394--An Act relating to insurance; requiring policies of health insurance to provide coverage for certain digestive disorders; and providing other matters properly relating thereto.
Assemblywoman Evans moved that the bill be referred to the Committee on Commerce.
Motion carried.
By Assemblyman Amodei:
Assembly Bill No. 395--An Act making an appropriation to the State Public Works Board for the expansion of Project No. 97-C2; and providing other matters properly relating thereto.
Assemblyman Amodei moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblyman Amodei:
Assembly Bill No. 396--An Act relating to holidays; requiring the Secretary of State to include on the ballot for the next general election the advisory question of whether the Legislature of the State of Nevada should declare the last Friday in October as the legal holiday to observe Nevada Day; and providing other matters properly relating thereto.
Assemblyman Amodei moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By Assemblymen Gustavson, Carpenter, Von Tobel, Hettrick, Cegavske, Marvel, Hickey and Berman:
Assembly Bill No. 397--An Act relating to education; authorizing the parents of certain pupils to choose which public schools the pupils will attend; and providing other matters properly relating thereto.
Assemblyman Gustavson moved that the bill be referred to the Committee on Education.
Motion carried.
By Assemblymen Williams, Close, Arberry, Buckley, Herrera, Goldwater, Krenzer, Giunchigliani, Segerblom and Price:
Assembly Bill No. 398--An Act relating to schools; providing for the establishment of a pilot program to facilitate the availability of social workers in schools; making an appropriation; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Senate Bill No. 118.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 186.
Assemblyman Perkins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
SECOND READING AND AMENDMENT
Senate Bill No. 179.
Bill read second time and ordered to third reading.
MOTIONS, RESOLUTIONS AND NOTICES
Assemblyman Perkins moved that Assembly Bills Nos. 84, 284; Senate Bills Nos. 10, 189 be taken from the General File and placed on the General File for the next legislative day.
Motion carried.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Arberry, the privilege of the floor of the Assembly Chamber for this day was extended to Larry Gamell.
On request of Assemblywoman Berman, the privilege of the floor of the Assembly Chamber for this day was extended to David Mofchum and John Isselin.
On request of Assemblywoman Braunlin, the privilege of the floor of the Assembly Chamber for this day was extended to Minerva Moses.
On request of Assemblywoman Cegavske, the privilege of the floor of the Assembly Chamber for this day was extended to Evelyn Martinez and Darlene Giomi.
On request of Assemblyman Dini, the privilege of the floor of the Assembly Chamber for this day was extended to Arlan Melendez, Jon Hicks, A. Brian Wallace, Alvin Moyle, Dave Barber, Jacqueline Steele, Kent Steele, Margaret Marin, Don Lee, Mervyn Wright, Jr., Cassidy Williams, Lew Lockwood, Kalen Jim, Lyla Pete, Myla Murphy, Lyle Pete, Charles Walker, Jr., Gina Harrison, Denise Suraco, Judie Davis and Ivy Bryan.
On request of Assemblyman Gustavson, the privilege of the floor of the Assembly Chamber for this day was extended to Della John, Peggy Lorge and Billy Imus.
On request of Assemblyman Herrera, the privilege of the floor of the Assembly Chamber for this day was extended to Walter Johnson and Stella Johnson.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Jack Malone, Carolyn Tyzbir and Brian Wallace.
On request of Assemblyman Hickey, the privilege of the floor of the Assembly Chamber for this day was extended to Margaret Jackson.
On request of Assemblyman Humke, the privilege of the floor of the Assembly Chamber for this day was extended to Bob Hardenbrook and Rosenne Hardenbrook.
On request of Assemblywoman Koivisto, the privilege of the floor of the Assembly Chamber for this day was extended to Travis Johnson.
On request of Assemblywoman Lambert, the privilege of the floor of the Assembly Chamber for this day was extended to Dawn Lee, Naomi James and Evelyn Conway.
On request of Assemblyman Lee, the privilege of the floor of the Assembly Chamber for this day was extended to Brenda Burns and Berdina Burns.
On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Harold Miller.
On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to Gladys Hicks.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Clarence Williams and Norma Williams.
On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Wanda Batchelor.
On request of Assemblywoman Von Tobel, the privilege of the floor of the Assembly Chamber for this day was extended to Teresa Easton, Ben Johnson, Heather Grey, Sam Todd and Kerri Robbins.
Assemblyman Perkins moved that the Assembly adjourn until Wednesday, April 23, 1997 at 10:45 a.m.
Motion carried.
Assembly adjourned at 12:04 p.m.
Approved:
Joseph E. Dini, Jr.
Speaker of the Assembly
Attest: Linda B. Alden
Chief Clerk of the Assembly