Carson City (Monday), February 15, 1999
Assembly called to order at 11:05 a.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Marvel, who was excused.
Prayer by the Chaplain, The Reverend Bruce Henderson.
On this President's Day of 1999, I choose to read words from President George Washington's first inaugural address and President Abraham Lincoln's Fast Day Proclamation.
First, George Washington: “We ought to be persuaded that the smiles of Heaven can never be expected on a nation that disregards the eternal rules of order and right, which Heaven itself has ordained”.
From Abraham Lincoln: “We have grown in numbers, wealth, and power as no other nation has ever grown. But we have forgotten God. It behooves us, then, to humble ourselves, to confess our national sins, and to pray for clemency and forgiveness”.
Shall we pray. Heavenly Father, as we honor these presidents today, we also take this moment to honor You—their God and ours. Thank You in the name of our Lord. 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.
MESSAGES FROM THE Senate
Senate Chamber, Carson City, February 12, 1999
To the Honorable the Assembly:
I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 18, 19, 63.
Mary Jo Mongelli
Assistant Secretary of the Senate
MOTIONS, RESOLUTIONS AND NOTICES
By the Committee on Government Affairs:
Assembly Joint Resolution No. 7—Proposing to amend the Constitution of the State of Nevada to increase the limitation on the state indebtedness solely to pay the costs of the construction and renovation of school facilities.
Resolved By The Assembly And Senate Of The State Of Nevada, Jointly, That section 3 of article 9 of the Constitution of the State of Nevada be amended to read as follows:
Sec. 3. 1. The state may contract public debts; but such debts shall never, in the aggregate, exclusive of interest, exceed the sum of two per cent of the assessed valuation of the state, as shown by the reports of the county assessors to the state controller, except for the purpose of defraying extraordinary expenses, as hereinafter mentioned. Every such debt shall be authorized by law for some purpose or purposes, to be distinctly specified therein; and every such law shall provide for levying an annual tax sufficient to pay the interest semiannually, and the principal within twenty years from the passage of such law, and shall specially appropriate the proceeds of said taxes to the payment of said principal and interest; and such appropriation shall not be repealed nor the taxes postponed or diminished until the principal and interest of said debts shall have been wholly paid. Every contract of indebtedness entered into or assumed by or on behalf of the state, when all its debts and liabilities amount to said sum before mentioned, shall be void and of no effect, except in cases of money borrowed to repel invasion, suppress insurrection, defend the state in time of war, or, if hostilities be threatened, provide for the public defense.
2. The state, notwithstanding the
foregoing limitations, may, pursuant to authority of the legislature, make and
enter into any and all contracts necessary, expedient or advisable for [the] :
(a) Theprotection and preservation of
any of its property or natural resources, or for the purposes of obtaining the
benefits thereof [,]; and
(b) The improvement, acquisition and construction of facilities for schools,
however arising and whether arising by or through any undertaking or project of the United States or by or through any treaty or compact between the states, or otherwise.
The legislature may from time to time make such appropriations as may be necessary to carry out the obligations of the state under such contracts, and shall levy such tax as may be necessary to pay the same or carry them into effect.
Assemblyman Bache moved that the resolution be referred to the Committee on Constitutional Amendments.
Motion carried.
Assembly Concurrent Resolution No. 4.
Assemblywoman Buckley moved the adoption of the resolution.
Remarks by Assemblywoman Buckley.
Resolution adopted.
By Assemblymen Chowning, Ohrenschall, Parks, de Braga, Hettrick, Giunchigliani, Dini, Perkins, Evans, Arberry, Cegavske, Beers, Parnell, Freeman, Bache, Neighbors, Von Tobel, Lee, Segerblom, Gibbons, Thomas, Goldwater and Williams:
Assembly Concurrent Resolution No. 17—Expressing support for programs and policies that encourage the residents of the State of Nevada to master the English language and other languages.
Assemblywoman Chowning moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
INTRODUCTION, FIRST READING AND REFERENCE
By Assemblyman Marvel:
Assembly Bill No. 225—AN ACT relating to tort actions; requiring that damages in certain actions be reduced by benefits received from a collateral source; limiting noneconomic damages in certain actions; providing for periodic payments of future damages in certain actions; limiting attorney’s fees in certain actions; providing a period of limitation for commencing actions for product liability; and providing other matters properly relating thereto.
Assemblyman Hettrick moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 226—AN ACT relating to public employment; exempting relatives of members of certain town boards from prohibition against certain public employment; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Government Affairs:
Assembly Bill No. 227—AN ACT relating to programs for public employees; revising the provisions governing the securing of certain insurance and services for the officers and employees of a public agency through a nonprofit cooperative association or nonprofit corporation; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 228—AN ACT relating to common-interest ownership; providing in skeleton form for the repeal of various provisions governing common-interest ownership; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 229—AN ACT relating to children; authorizing the assignment of certain juvenile offenders to a program of cognitive training and human development; establishing requirements for such a program; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 230—AN ACT relating to crimes; prohibiting a prosecuting attorney from dismissing a charge of engagement in or solicitation for prostitution under certain circumstances; prohibiting an operator of an entertainment by referral service from employing an entertainer who has been convicted of the crime of engagement in or solicitation for prostitution; providing a penalty; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Judiciary:
Assembly Bill No. 231—AN ACT relating to children; imposing certain requirements before a court may waive arrearages in the payment of child support; expanding the class of persons to whom district attorneys must provide certain services for the support of children; clarifying certain provisions regarding the appointment of a guardian ad litem in an action to determine paternity; and providing other matters properly relating thereto.
Assemblyman Anderson moved that the bill be referred to the Committee on Judiciary.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 232—AN ACT making an appropriation to the Department of Education for the extension of teachers’ contracts by 2 days to provide professional development for teachers; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 233—AN ACT making an appropriation to the City of Las Vegas for the support of emergency shelters for homeless persons; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 234—AN ACT relating to state financial administration; repealing the permanent net proceeds fund; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By the Committee on Ways and Means:
Assembly Bill No. 235—AN ACT relating to public employment; directing the Department of Personnel to increase the salaries of certain custody positions in the Department of Prisons and Department of Human Resources; and providing other matters properly relating thereto.
Assemblyman Arberry moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblyman Hettrick; Senator Jacobsen
Assembly Bill No. 236—AN ACT relating to local governments; authorizing contracts with certain private organizations to perform certain services; and providing other matters properly relating thereto.
Assemblyman Hettrick moved that the bill be referred to the Committee on Commerce and Labor.
Motion carried.
By Assemblymen Dini, de Braga and Hettrick; Senators Amodei, McGinness and Jacobsen:
Assembly Bill No. 237—AN ACT relating to water; authorizing grants for certain improvements to conserve water; and providing other matters properly relating thereto.
Assemblyman Bache moved that the bill be referred to the Committee on Government Affairs.
Motion carried.
By Assemblymen Evans, Manendo, Gibbons, Humke, Williams, Goldwater, Segerblom, Chowning, Giunchigliani, Arberry, Hettrick, Freeman and Cegavske:
Assembly Bill No. 238—AN ACT relating to public health; requiring the establishment and maintenance of a system for the collection and analysis of information concerning birth defects and other poor reproductive outcomes; restricting access to and the use of information obtained by the system; and providing other matters properly relating thereto.
Assemblyman Evans moved that the bill be referred to the Concurrent Committees on Health and Human Services and Ways and Means.
Motion carried.
By Assemblyman Nolan:
Assembly Bill No. 239—AN ACT making an appropriation to the Central Repository for Nevada Records of Criminal History of the Department of Motor Vehicles and Public Safety for background checks of criminal history for volunteers who work with children; and providing other matters properly relating thereto.
Assemblyman Nolan moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
Assemblyman Nolan moved that the vote whereby Assembly Bill No. 239 was referred to the Committee on Ways and Means be rescinded.
Motion carried.
Assemblyman Nolan moved that Assembly Bill No. 239 be referred to the Concurrent Committees on Judiciary and Ways and Means.
Motion carried.
By Assemblymen Collins, Lee, Parks, Thomas, Nolan, Manendo, Von Tobel, Ohrenschall, Price, Gibbons, Berman, Neighbors, Anderson, Bache, Koivisto, Claborn, McClain, Beers, Chowning, Williams, Mortenson, Goldwater, Carpenter and Segerblom:
Assembly Bill No. 240—AN ACT making an appropriation to the City of North Las Vegas for the completion of the Kiel Ranch Historic Site; and providing other matters properly relating thereto.
Assemblyman Collins moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen McClain, Koivisto, Parks, Manendo, Claborn, Chowning, Lee, Williams, Segerblom, Bache, Giunchigliani, Arberry, Thomas, Goldwater, Anderson, Price, Ohrenschall, Freeman, de Braga, Gustavson, Collins, Parnell, Leslie, Mortenson, Gibbons, Berman, Perkins, Beers, Neighbors, Carpenter, Angle, Tiffany, Buckley, Nolan, Hettrick, Humke, Evans and Cegavske; Senators Washington, Porter, Amodei and Shaffer:
Assembly Bill No. 241—AN ACT relating to public schools; requiring school districts to set aside money for the purchase of certain books, supplies and materials; and providing other matters properly relating thereto.
Assemblywoman McClain moved that the bill be referred to the Committee on Ways and Means.
Motion carried.
By Assemblymen McClain, Koivisto, Freeman, Giunchigliani, Arberry, Parnell, Parks, Neighbors, Lee, Buckley, Perkins, Hettrick, Cegavske, Humke, Chowning, de Braga, Mortenson, Claborn, Gustavson, Angle, Leslie, Brower, Evans, Carpenter, Williams, Thomas, Gibbons, Price, Beers and Segerblom; Senators O'Connell, Porter, Amodei, Shaffer, Titus, Washington and Wiener:
Assembly Bill No. 242—AN ACT relating to elections; revising the period of residency for certain candidates for public office; and providing other matters properly relating thereto.
Assemblywoman McClain moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
By the Committee on Education:
Assembly Bill No. 243—AN ACT relating to public schools; making various changes to the program of accountability for public schools; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Committee on Education.
Motion carried.
By the Committee on Education:
Assembly Bill No. 244—AN ACT relating to education; establishing the state program for the financial support of local programs to improve the academic achievement of pupils who are at risk; authorizing school districts to participate in the state program; making an appropriation; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Concurrent Committees on Education and Ways and Means.
Motion carried.
By the Committee on Education:
Assembly Bill No. 245—AN ACT relating to education; making various changes regarding truancy and the discipline of pupils; and providing other matters properly relating thereto.
Assemblyman Williams moved that the bill be referred to the Committee on Education.
Motion carried.
Senate Bill No. 18.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 19.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
Senate Bill No. 63.
Assemblyman Perkins moved that the bill be referred to the Committee on Judiciary.
Motion carried.
SECOND READING AND AMENDMENT
Assembly Bill No. 42.
Bill read second time.
The following amendment was proposed by the Committee on Judiciary:
Amendment No. 13.
Amend the bill as a whole by deleting sections 1 through 11 and the text of repealed sections and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:
“Section 1. 1. The Legislative Commission shall appoint a subcommittee of legislators to conduct an interim study concerning misdemeanors.
2. The study must include an analysis of:
(a) The existing statutes concerning misdemeanors to determine whether it is feasible to categorize misdemeanors and provide penalties commensurate with the categorization;
(b) Whether it is beneficial to amend the Nevada Revised Statutes to categorize misdemeanors in such a manner;
(c) The effect that categorizing misdemeanors in such a manner would have on the courts of this state, including, without limitation, any increase in the volume of cases handled by the courts and any necessary changes to the jurisdiction of the lower courts; and
(d) Any other matter related to misdemeanors, as deemed necessary by the subcommittee.
3. The Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 71st session of the Nevada Legislature.
Sec. 2. This act becomes effective upon passage and approval.”.
Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:
“WHEREAS, During the 1995 Legislative Session, legislation was enacted to provide categories for felonies; and
WHEREAS, The Nevada Revised Statutes currently has only two categories of misdemeanors that are designated as misdemeanors and gross misdemeanors; and
WHEREAS, A study needs to be conducted to determine whether providing categories for misdemeanors and penalties commensurate with those categories would provide more consistency in the criminal statutory scheme; now, therefore,”.
Amend the title of the bill to read as follows:
“AN ACT relating to crimes; directing the Legislative Commission to conduct an interim study concerning misdemeanors; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY—Directs Legislative Commission to conduct interim study concerning misdemeanors. (BDR S‑173)”.
Assemblyman Anderson moved the adoption of the amendment.
Remarks by Assemblyman Anderson.
Amendment adopted.
Assemblyman Anderson moved that Assembly Bill No. 42 be re-referred to the Committee on Elections, Procedures, and Ethics.
Motion carried.
Bill ordered reprinted, engrossed and to the Committee on Elections, Procedures, and Ethics.
Assembly Bill No. 93.
Bill read second time and ordered to third reading.
Assembly Bill No. 128.
Bill read second time and ordered to third reading.
Assembly Bill No. 129.
Bill read second time and ordered to third reading.
GENERAL FILE AND THIRD READING
Assembly Bill No. 49.
Bill read third time.
Remarks by Assemblywoman Ohrenschall.
Roll call on Assembly Bill No. 49:
Yeas—41.
Nays—None.
Excused––Marvel.
Assembly Bill No. 49 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 68.
Bill read third time.
Remarks by Assemblywoman Gibbons.
Roll call on Assembly Bill No. 68:
Yeas—41.
Nays—None.
Excused—Marvel.
Assembly Bill No. 68 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 126.
Bill read third time.
Remarks by Assemblyman Bache.
Roll call on Assembly Bill No.126:
Yeas—41.
Nays—None.
Excused—Marvel.
Assembly Bill No. 126 having received a constitutional majority, Mr. Speaker declared it passed, as amended.
Bill ordered transmitted to the Senate.
Assembly Bill No. 130.
Bill read third time.
Remarks by Assemblymen Giunchigliani, Beers, and Anderson.
Conflict of interest declared by Assemblyman Beers.
Roll call on Assembly Bill No. 130:
Yeas—40.
Nays—None.
Excused—Marvel.
Not voting—Beers.
Assembly Bill No. 130 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
Assembly Bill No. 140.
Bill read third time.
Remarks by Assemblywoman Leslie.
Roll call on Assembly Bill No. 140:
Yeas—41.
Nays—None.
Excused—Marvel.
Assembly Bill No. 140 having received a constitutional majority, Mr. Speaker declared it passed.
Bill ordered transmitted to the Senate.
UNFINISHED BUSINESS
Signing of Bills and Resolutions
There being no objections, the Speaker and Chief Clerk signed Senate Current Resolution No. 10.
Assemblyman Perkins moved that the Assembly recess until 5:15 p.m.
Motion carried.
Assembly in recess at 12:12 p.m.
ASSEMBLY IN SESSION
At 5:16 p.m.
Mr. Speaker presiding.
Roll called.
All present except Assemblyman Marvel, who was excused.
MOTIONS, RESOLUTIONS AND NOTICES
Mr. Speaker appointed Assemblymen Bache and Tiffany as a committee to invite the Senate to meet in Joint Session with the Assembly to hear an address by United States Senator Harry Reid.
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 5:25 p.m.
President of the Senate presiding.
The Secretary of the Senate called the Senate roll.
All present except Senator Townsend, who was excused.
The Chief Clerk of the Assembly called the Assembly roll.
All present except Assemblyman Marvel, who was excused.
The President of the Senate appointed a Committee on Escort consisting of Senator Wiener and Assemblyman Anderson to wait upon Senator Reid and escort him to the Assembly Chamber.
The Committee on Escort in company with The Honorable Harry Reid, United States Senator for Nevada, appeared before the bar of the Assembly.
The Committee on Escort escorted the Senator to the rostrum.
The Speaker of the Assembly welcomed Senator Reid and invited him to deliver his message.
United States Senator Harry Reid delivered his message as follows:
Message To The Legislature Of Nevada
Seventieth Session, 1999
Lieutenant Governor Hunt, Speaker Dini, Leader Raggio, members of the Legislature, and guests:
It was 100 years ago that a man by the name of Reinhold Sadler was elected Governor of the state of Nevada. He was the tenth governor of Nevada. He won the election by 63 votes. That sounds like a small number of votes, but really, my election was by a smaller percentage than his 63 votes. History seems to repeat itself. Governor Sadler’s election was contested and we this year, when the contest was filed, used the precedent set in the Sadler election to resolve the issue in my election.
I am a student of history. I believe that the lessons that we have learned over the last century can help us find our way through the next century. In addition, when I see how far we have come in the last 100 years, it inspires me to think how far we can go in the next 100—if we only have the courage, the will, and really, the imagination.
In the twentieth century, we saw the United States rise to become the most powerful nation in the history of the world.
During this same century, we saw Nevada grow from a collection of mining camps in a world dominated by the railroad and the telegraph, to the tourism and gaming capital of a world dominated by the microchip and the satellite.
In 1899, only 42,000 people lived in the entire state of Nevada, and most of those people around the Reno, Carson City area. Southern Nevada, even Searchlight, was virtually undeveloped then, and uninhabited. Today, our population is approaching two million people; and southern Nevada is the fastest-growing region, in the fastest-growing state, in our rapidly growing nation.
One hundred years ago, Nevada’s population was not only growing but becoming more diverse. The mines beckoned to the people of Europe—the Slavs, the Irish, Italians, and the Greeks. Today, in 1999, our population is more diverse than ever, and a new generation of Nevadans hails from more far-flung corners of the globe, more so than ever before.
Although today’s new arrivals have skin of a different color than they did a century ago, they are, underneath that skin, no different.
Where the immigrants who contributed to the legacy and heritage of the 20th century were namedLaxalt, Dini, Raggio, Del Papa, and Giunchigliani; in the next century they will be named Sandoval, Herrera, Martinez, Wong, and Tran. But, whatever their names—and whether their families have lived in Nevada 100 years, or 100 days—they share the same dreams and aspirations in common with all Americans.
One hundred years ago, Governor Sadler’s first state of the state address reflected discouragement with a state debt of more than $563,000. The Governor despaired that the state would not be able to provide services to its citizens. History does repeat itself.
Our predecessors, a hundred years ago, overcame their doubts for the future and made this century one of the greatest in world history. If anything, we are better positioned for the next century than they were for this one. Therefore, I look forward to working with our new Governor, Kenny Guinn, and this new legislature to help solve problems of the next century. Both the Governor, with his impressive résumé as a school superintendent, corporate executive in both the banking and the utilities field, and as a university president; and an experienced middle-of-the-road legislature, are ingredients for success.
The national economy is undergoing the longest peacetime economic expansion in our history. The federal budget is balanced for the first time in more than 30 years. Violent crime rates are at their lowest rate in 25 years. Unemployment and inflation are at their lowest peacetime rates since I graduated high school. Nevada has been the fastest growing state in the nation for six straight years. No great crisis threatens the nation’s security.
This prosperity on the federal level gives us the opportunity to embark in a new era of partnership between all levels of government—one in which our state and federal officials work together, as partners, to share their resources and combine their visions, to address Nevada’s problems. This model partnership is based on something I announced two years ago when I addressed this legislature at the Lake Tahoe Summit.
The Lake Tahoe Summit defined a new paradigm for this nation, a new model of partnership, and a new approach to solving the challenges dealing with improving our quality of life. This summit, convened on the shores of beautiful Lake Tahoe, featured the President, the Vice President, five Cabinet Officers—and these five cabinet officers had met with over 1000 people on the ground: two governors of two different parties, four United States Senators, multiple Congressmen and women, two state legislatures, scientists from two University systems, members of the business community, developers, environmentalists, and property rights activists. In his concluding remarks, the President said the concept of working together across state lines, party lines, and ideological lines to preserve the environment and promote economic growth was a model he could apply in Northern Ireland, in the Middle East, and in situations across our country.
Here in Nevada, almost two years after the summit occurred, we are continuing to live by and legislate by this concept of partnership. Today I am proud to announce my plan to join with my friends, Congressman Jim Gibbons, Speaker Joe Dini, and Senator Dean Rhoads, to enact a public lands bill for northern Nevada. Congressman Gibbons, Speaker Dini, Senator Rhodes, will you please stand. And speaking of the benefits of partnership, Jim will you please ask your lovely wife, partner, and Assemblywoman, Dawn Gibbons to stand as well. This body will benefit from her energy and her dedication to public service.
Congressman Gibbons and I will introduce a bill in both the House and the Senate that will allow BLM land in northern Nevada to be sold at auction, with the proceeds to be used to help improve rural areas of the state. It is based on the Southern Nevada Lands Bill we passed last year and we are now in the process of meeting with state, counties, outdoors community, miners, and environmentalists to gain input for this legislation. I have already acknowledged the help of Dean Rhodes, but this is something he has worked on for years. I personally appreciate the interest he has shown. We are going to do something on a national level to meet the demands rural Nevada has.
I ask each of you, especially those of you from Clark County, to work with us to implement this program and help Senator Rhodes and the Speaker on the state level. If we succeed in this endeavor, we will show the people of Nevada—and really the nation—a new framework for cooperation, not only between the two governments, but also between two political parties. Let us call this unified approach the “Nevada Model.” It is a model I want to use on both the national and the Nevada level to improve our quality of life. I used it in my new position as the Assistant Senate Minority Leader when we crafted our agenda this year. One of the cornerstones of this agenda is a bill based directly on The Patients’ Bill of Rights, drafted in Carson City by Assemblywoman Barbara Buckley. Assemblywoman Buckley, please stand so we can recognize you for your good work.
Our national Patients’ Bill of Rights, modeled on Assemblywoman Buckley’s bill, ensures that patients receive the care they have been promised and paid for. It makes doctors directly responsible for care, not bureaucrats and bean counters, and seeks to address all those consumers who are in ERISA plans and thusly not eligible for the benefits in state bills like Assemblywoman Buckley’s. It is the only Patients’ Rights Bill out there with teeth because it gives patients the right to sue HMOs. Do you know there are only two groups of people who can’t be sued in this country—HMOs and foreign diplomats? This enforcement mechanism will not raise costs but it will raise service for millions of Americans.
I will continue to lead efforts to pass the Patients’ Bill of Rights this Congressional session and make Assemblywoman Buckley and her health care coalition proud. In addition, speaking of partnerships, this bill is supported by over 200 organizations and also doctors, lawyers, nurses, and patients. Why hasn’t it been passed? Because one organization opposes it, the healthcare industry. We will see what will happen when the 200 go up against the one. Maybe we will come out ahead this time.
We based our Patients’ Bill of Rights on a Nevada bill, but today here in the Assembly and the Senate, two hearings were held on bills which are based on my national Contraceptive Coverage bill.
Each year there are more than 3.6 million unintended pregnancies in this country, close to half of these end up in abortion. Insurance companies and HMOs cover abortions, vasectomies, and tubal ligations, but a majority of them will not cover contraception.
My federal bill, also known as the Snowe-Reid Bill, requires insurance companies or HMOs who cover prescription drugs to cover the cost of prescription contraceptives as well. Last year, after a tough fight, we passed a smaller version of this bill for federal employees. Today, my wife Landra testified in support of a state bill in the Senate supported by Minority Leader Dina Titus and a bill in the Assembly written by our own Assemblywoman Chris Giunchigliani. It is an incredible honor to have two such skilled legislators working on contraceptive coverage here in Nevada. I ask them to stand and be recognized for their work for equity in prescription coverage. We must make health care equally accessible and affordable for men and women. We tend to bash health care delivery organizations and insurance companies and most of the time they deserve it, but it’s only fair to point out that Sierra Health, a Nevada based company, has extended contraceptive coverage to all their enrollees and we should applaud that. Another piece of national legislation which is receiving a lot of attention from the White House and members of Congress on both sides of the aisle is my bill establishing a system to conduct background checks for employees of nursing homes. This bill, called the Patient Abuse Prevention Act is modeled on a Nevada law passed last session, thanks to Assemblywoman Vivian Freeman and former Assemblyman Jack Close. Assemblywoman Freeman, please stand. Nursing home safety is an issue which touches us all, because 43 percent of all Americans will spend some time in a nursing facility sometime in their life. A national system of background checks will help both patients and facility managers keep workers with abusive or criminal records out of long-term care facilities. As the fastest growing senior state in the nation, Nevada is facing the challenges of an aging population earlier than almost anywhere else in this country. By the year 2030, more than 34,000 Nevadans will be over the age of 85. They and their families deserve safe facilities.
And speaking of facilities—thanks in large part to the efforts of Bill Raggio, Lawrence Jacobsen, Governor Miller, Assemblyman Mark Manendo, and many others in this room; plus Nevada’s veterans’ groups, and the assistance of the federal government, we will finally break ground this year on Nevada’s first Veterans’ Home. I look forward to working with all of you and Governor Guinn on a second Veterans’ Home in northern Nevada. This partnership on all levels of government helped move us to the top of the VA’s list for homes last year. This year Senator Bryan and I look forward to working with Representatives Berkley and Gibbons who both were placed on the Veterans Committee in the House. This is good for Nevada’s 250,000 deserving veterans.
Partnership is not only important for our aging population and our veterans but it is also an important concept to be used for the challenges facing our youth. Every day in America, 3,000 children drop out of high school—3,000 a day; not a month or a week, but a day. Nevada, I am sorry to say, has the highest teen dropout rate in the country.
Last year New Mexico Senator Jeff Bingaman and I introduced a bill, which passed the Senate with 74 votes, creating a $150 million national grant program to take local programs, which are working to reduce dropouts, and expand them into districts which need them most. We here in Nevada have experimented with some of these kinds of programs that seem to be working.
One of these local efforts is the “Hola Carson City” program, which encourages Hispanic students to stay in school until they graduate through the creation of a locally produced television show. I have been appearing on “Hola Carson City” for the past four years and I am proud to say that tonight’s speech is being taped by these talented young people. Let us give them a round of applause. Nevada has an exemplary program that started here in Carson City on a wish and a prayer and now will be nationally known.
Keeping our children in high school is just the first step. We must also do more to increase the number of Nevadans going to college. Nevada has one of the lowest rates of students attending college in the nation. Only 38 percent of all Nevada students attend college and only 17 percent of them ever graduate. Ideas like the Governor’s “Millennium Scholarships” are good starts although questions about how they are funded and who is covered by them need to be worked out here at the state level. The State of Nevada does need a program and I think you have to take a close look at the program the Governor has proposed. With the Governor’s experience in education, which I have talked about, we need to take a closer look.
I have been a strong proponent of a similar program on the federal level called “Hope Scholarships,” which have been helping Nevada students of every age and economic group attend university, community college, or technical training programs with a $1500 yearly tax break.
My other chief education initiative which is directly based on local, state, and federal partnerships is our school construction bill. This bill will help fund new schools and renovate schools across the country as well as here in Nevada. We have all kinds of problems in Nevada. Take little Lincoln County. They have no economic base. They have schools there which need to be renovated and replaced, but they have no way to do it. If you go to the other extreme with Clark County—it is a rapidly growing community, the eighth or ninth largest school district in Nevada. We need to pass this legislation on a national level. It would pay the interest on bonds taken out by local school districts. The decision where to build schools and when to renovate schools would remain in local hands. The federal government’s role would be to free up resources to help fast growing communities and those that do not grow so fast, to keep up with student populations. School construction is the other side of the coin for class size reduction. Our bill could bring more than $70 million to Nevada each year for school construction. Superintendents like Brian Cram are spending more time supervising construction than supervising education.
When it all comes down to it, this “Nevada Model” is really about communities making choices. What kind of Nevada do we want to leave for our children? Last session I ended my speech talking about the importance of saving Lake Tahoe, as Mark Twain said, “the fairest place on all the Earth.” The summit not only allowed us to begin the work to preserve this jewel of the Sierras but it gave birth to a process and an idea—the notion of livable communities—the notion that communities can come together and work in partnership with all levels of government and with the private sector to set their own directions for growth and improvement.
One group who has come together in such a manner, has done so to save Walker Lake and the Walker River. In addition, they understand this idea. They have two challenges: to preserve Nevada’s agricultural greenbelt and save a lake of which there are only 22 like it left in the entire world. Interior Secretary Babbitt has recently visited Walker Lake and pledged federal resources and assistance. He has also pledged to honor the Lake Tahoe model that we have set up and to work with all interested parties.
I ask each of you to support these efforts to save Walker Lake. But I have to comment: each of you speak of the importance of states rights; why then is it necessary for the federal government to save Walker Lake? Shouldn’t that be the responsibility of the state? The federal government is here because the state has defaulted on its responsibilities.
In southern Nevada, we are presented with a perfect opportunity to put the concept of “livable communities” to the test. As Las Vegas, Henderson, North Las Vegas, and their suburbs break records for growth, I want to make sure that growth doesn’t break us. To protect our nation’s quality of life, we need to advance smart growth and livable community policies that are driven by state governments in partnership with the federal government—that’s you and I. I encourage each of you to make these issues your top priority. If we manage our growth responsibly, we will manage our future responsibly.
Proper regional planning combined with financial incentives and prioritizing of funds must be employed to ensure that our roads, highways, mass transit systems, waterways, and schools can keep pace with growth. In doing so, we will connect and protect our communities into the next century and have Nevada continue to be the envy of the world.
I have secured a commitment from Republican Senator John Chaffee of Rhode Island, the chair of the Environment and Public Works Committee, to hold a field hearing in Las Vegas this spring on “livable communities” and the specific legislative proposals we will be pushing through Congress. Vice President Gore has also committed to coming to southern Nevada in May to meet with local and state officials on strategies for dealing with urban sprawl and ways to promote livable communities on the national agenda.
A few weeks ago, Governor Guinn stated that we must ask ourselves what the proper role of our government is going to be. I could not agree more. We need to decide what our priorities are.
Will ours be a state that fulfills its commitments to its people—to our children, to our seniors, to our veterans, and most of all, to those ordinary, everyday citizens who work hard, play by the rules, sacrifice for their families, and who form the backbone of this state? Or will ours be a government of auditors and accountants, focused only on a bottom line that may measure the costs of modern society but which ignores the very things that make life in that society worth living?
As a former lieutenant governor, and a former assemblyman, a county board member, and a city attorney, I know that this Legislature and our new Governor can meet virtually any challenge. However, in doing so, we cannot sacrifice the very things that make our state livable and valuable.
One hundred years ago, our predecessors were drawn to Nevada by the lure of precious metals. We still have a booming mining industry; but today, even more people are drawn to the state by the lure of something far more precious, and more elusive: a sense of security, of community; a better way of life. Let us, today, resolve together to make the attainment of that better life our legacy for the next century. Thank you.
Senator Raggio moved that the Senate and Assembly in Joint Session extend a vote of thanks to Senator Reid for his timely, able and constructive message.
Seconded by Assemblyman Thomas.
Motion carried unanimously.
The Committee on Escort escorted the Senator to the bar of the Assembly.
Senator Care moved that the Joint Session be dissolved.
Seconded by Assemblyman Parks.
Motion carried.
Joint Session dissolved at 5:58 p.m.
ASSEMBLY IN SESSION
At 5:59 p.m.
Mr. Speaker presiding.
Quorum present.
GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR
On request of Assemblyman Beers, the privilege of the floor of the Assembly Chamber for this day was extended to Lindsey Briana Beers and Chelsea Marie Cox.
On request of Assemblyman Brower, the privilege of the floor of the Assembly Chamber for this day was extended to Tyler Aas, Billy Durden, Peter Fritz, Michael Williams, John Reilly, Julie Fritz, Gary Williams, Patty Williams, Lisa Durden and Anne Aas.
On request of Assemblyman Collins, the privilege of the floor of the Assembly Chamber for this day was extended to Mary Bean.
On request of Assemblywoman Gibbons, the privilege of the floor of the Assembly Chamber for this day was extended to Vickiedawn Allen, Michael Sturm, Joshua Rauch, Brian Murphy, R.H. Campbell, Erik Edwards, Loren Wooldridge, Chris Knight, Cameron Knight, Kyle Campbell, Shirley Knight, Bill Murphy and Rich Campbell.
On request of Assemblyman Hettrick, the privilege of the floor of the Assembly Chamber for this day was extended to Dylan Frehner.
On request of Assemblyman Neighbors, the privilege of the floor of the Assembly Chamber for this day was extended to Amy Schmith and Zachery Schmith.
On request of Assemblyman Nolan, the privilege of the floor of the Assembly Chamber for this day was extended to R. J. Keetch.
On request of Assemblyman Price, the privilege of the floor of the Assembly Chamber for this day was extended to Kyle McAfee and Sharon Burnham.
On request of Assemblywoman Segerblom, the privilege of the floor of the Assembly Chamber for this day was extended to Jerry Czerwinski, Monika Czerwinski and John Milburn.
Assemblyman Perkins moved that the Assembly adjourn until Tuesday, February 16, 1999, at 4:15 p.m.
Motion carried.
Assembly adjourned at 6:00 p.m.
Approved: Joseph E. Dini, Jr.
Attest: Jacqueline Sneddon