Senate fails to override three bills vetoed by governor

Friday, Feb. 7, 1997 | 11:59 a.m.

The most controversial of three measures up for override votes Thursday was SB341, sought by the religious right and introduced by Sen. Ann O'Connell, R-Las Vegas, to make schools provide parents access to their children's records.

But a provision in SB341 prompted opponents to question whether it might restrict school officials from reporting suspected child abuse.

"I agree there's merit in a bill to provide access to school records," said Sen. Dina Titus, D-Las Vegas. "Parents want to and deserve to see their children's school records. But that is already covered by state and federal statute.

"The unintended consequence of the bill is that it prohibits a teacher or counselor from questioning a child when there is concern about abuse at home. A teacher couldn't ask about bruises."

The bill needed a two-thirds majority to override the governor's veto - 14 senators - but in the end 12 voted "yes" while nine voted against overriding the veto.

Neal crossed party lines and supported the bill, arguing that it brings Nevada into compliance with federal statutes. He did the same thing on a vote to override a second bill, but voted with Miller on a third override vote.

"Sen. Titus' leadership was pivotal in upholding this veto in defense of Nevada's children," Miller said after the vote on SB341. He also credited Sen. Mark James for, "recognizing this bill for what it was - a misguided and confused piece of legislation that would have done harm to children in ways its authors didn't have the insight or understanding to see."

James, R-Las Vegas, was the only Republican senator to cross party lines and vote against the override.

"This is not a partisan issue," James said. "The issue raised - and the only one with real merit - is if it had any effect that would cause a case of child abuse to not be reported, we should re-examine it and pass a different bill.

"If one child that is in an abusive situation is not reported because of this bill, it would not be acceptable."

Miller, in his 1995 veto message, said SB341 "violates federal law, in that it requires a school to give a parent access to all records of a pupil in direct violation of the Federal Educational and Family Privacy Act."

Miller also said the bill failed "to include psychologists in an exemption while including counsellors," and was ambiguous in prohibiting schools from asking pupils any questions about "behavior that is illegal, antisocial, self-incriminating or demeaning."

SB341 stated that public schools are not allowed to administer any survey, analysis or evaluation to students that is not directly related to academic instruction or reveals information about their family's political affiliations, mental problems, sexual behavior and religious affiliations.

The Senate also failed to override SB70, which would have allowed state occupational licensing boards to hire private counsel and use any building they desired. Miller said the bill intrudes on the executive branch's ability to oversee the fiscal policies of its boards.

Eight Democratic senators voted against the veto, while 13 Senators, all Republican except Neal, voted "yes" - one shy of the necessary 14 to override.

The third sustained veto was on SB501, which would have exempted the state Board of Sheep Commissioners and state Committee to Control Predatory Animals from charges for attorney general services and allocated service agency costs.

Miller said it would have effectively required other state agencies to subsidize the two bodies.

Nine senators voted for the override while 12 voted "no." James, Raggio and Sen. Ray Rawson voted with all nine Democratic senators in supporting the governor's veto.