MINUTES OF MEETING
ASSEMBLY COMMITTEE ON ELECTIONS AND PROCEDURES
Sixty-seventh Session
March 30, 1993
The Assembly Committee on Elections and Procedures was called to order by Chairman Myrna T. Williams at 3:35 p.m., Tuesday, March 30, 1993, in Room 331 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda, Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Mrs. Myrna T. Williams, Chairman
Mr. Robert E. Price, Vice Chairman
Mr. Joseph E. Dini, Jr.
Mrs. Jan Evans
Mr. Val Z. Garner
Mr. David E. Humke
Mrs. Joan A. Lambert
Mr. William A. Petrak
Mr. Gene T. Porter
Mr. Robert M. Sader
Mr. Scott Scherer
COMMITTEE MEMBERS ABSENT:
None
GUEST LEGISLATORS PRESENT:
Assemblyman Douglas A. Bache, District No. 11
STAFF MEMBERS PRESENT:
Mr. Robert Erickson/Research Director, Legislative Counsel Bureau
Mr. John R. Crossley/Director, Legislative Counsel Bureau
OTHERS PRESENT:
Ms. Joan G. Kerschner/Director, Nevada State Library and Archives
Ms. Karen Kavanau/Department of Data Processing
AJR 8: Urges Congress not to require states to provide services or benefits unless it provides related funding.
Assemblyman Douglas A. Bache, District No. 11, offered a presentation on AJR 8. Using Exhibit C entitled, "Costs for Federally Mandated Benefits, Nevada Department of Human Resources," Mr. Bache outlined the amount of money Nevada was projected to spend on federal mandates in fiscal year 1993. He drew attention to the largest expenditure which was $35.5 million by the Department of Human Resources.
AJR 7: Urges Congress to eliminate inequities in payment of social security benefits to "notch babies."
Assemblyman William Petrak, District No. 18, discussed the evolution of AJR 7. In 1977, he said, the Congress of the United States was notified by the Social Security Administration the Social Security trust fund was almost bankrupt. Mr. Rostenkowski introduced radical legislation which was signed into law in January 1978. Mr. Petrak described the legislation which specified when anyone born in the years 1917 through 1921 reached the age of 62 and continued to work until they were 65 years old, the workers' contributions to the Social Security Administration would be taken along with their employers' contributions and put into a Social Security trust fund to replenish the fund.
For illustration, Mr. Petrak told the committee a person born in 1916, who worked in age 62 through 65, contributed to Social Security, and paid an identical amount of money into the Social Security fund as a person born in 1921 who also worked in age 62 through 65, would receive as much as 22 percent more than the person born in 1921. He further stated a person born in 1918 versus a person born in 1916 who paid identical amounts of money into the Social Security trust fund, would receive as much as 15 percent less in the Social Security retirement check.
The inequity was called "notch legislation" or "notch inequity," Mr. Petrak noted. He drew attention to southern Nevada, Clark County, where 50,000 "notch babies" reside and to northern Nevada where 30,000 "notch babies" reside. Twelve million "notch babies" survive throughout the United States, he declared. Additional monthly income from "notch" legislation would amount to $2.5 million to residents of southern Nevada alone.
Noting the Social Security trust fund had become very healthy, Mr. Petrak stated an excess of a trillion dollars existed in the trust fund. He contended enough money was in the trust fund to pay those particular obligations to the year 2041, and if legislation for "notch babies" was passed, enough money would still exist to the year 2040.
Mr. Petrak further reported he had written to the speaker of every state house and the president of each state senate asking them to consider copying Nevada's "notch" resolution. Seventeen responses had been received by Mr. Petrak. Speaker of the House of Representatives, Bolley Johnson of Florida, responded Florida had 900,000 "notch babies" living in Florida, fifty-four percent of whom were participants in World War II. Florida had passed legislation almost identical to the Nevada legislation.
Mr. Petrak also informed the committee Arizona had introduced "notch" legislation. Oregon had introduced "notch" legislation, and Nevada's two United States Senators had signed as co-sponsors, Mr. Petrak reported.
Mr. Petrak reiterated the inequity had existed since 1978 and needed to be corrected. AJR 7 would send a message to Washington to support "notch" legislation. He, therefore, asked for the committee's support on AJR 7.
ASSEMBLYMAN DINI MOVED TO DO PASS ON AJR 7.
ASSEMBLYMAN HUMKE SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY THOSE MEMBERS PRESENT.
ASSEMBLYMAN SADER WAS ABSENT FOR THE VOTE.
ACR 28: Urges Department of Data Processing and Division of Archives and Records of State Library and Archives to take certain actions regarding public records stored on electronic media.
Ms. Joan G. Kerschner, Director, Nevada State Library and Archives, spoke in support of ACR 28. ACR 28 was a result of an interim study by Assemblyman Porter of Nevada laws governing public books and records. ACR 28 was based on recommendations made as a result of a consultant study prior to the interim study by Assemblyman Porter. She announced agreement with both studies.
Ms. Kerschner pronounced particular support of Number 3, 4 and 5 of ACR 28.
Referring to No. 3, Ms. Kerschner stated she would like to establish record schedules at the beginning of the process rather than the back end of the process for efficiency.
Concerning No. 4, Nevada State Library and Archives had a record storage facility and an archival facility which could be expanded and designed to house electronic and paper records, Ms. Kerschner explained.
Regarding No. 5, she cited the state personnel system provided classes. The new part in No. 5, "with special emphasis on public records stored on electronic media," would have to be done in cooperation with Department of Data Processing, and Ms. Kerschner could foresee no problems.
Ms. Karen Kavanau, Department of Data Processing, testified the department supported ACR 28. She specifically mentioned No. 2 of ACR 28 was a long-term project and needed to be started.
Mr. Price asked if the Department of Data Processing was subject to a virus being inserted into the system to destroy records.
In responding to Mr. Price's inquiry, Ms. Kavanau said the Department of Data Processing had taken extensive steps to educate and train agencies to prevent viruses, but, she added, everyone was vulnerable if the process was not followed. Standards and policies established by the Department of Data Processing were distributed to agencies.
At this time, Ms. Kavanau discussed viruses and declared viruses typically came into the system on a diskette which someone brought into the office for use on a personal computer system. She related the problem did not exist in major systems at the present time as extensive security protected Nevada's mainframe and some smaller networks; the virus occurred on the personal computers. She specifically commented on the Michelangelo virus in March 1992 and a small virus in 1993 for which agencies took corrective action.
Mrs. Williams assumed the department had backups, and Ms. Kavanau replied affirmatively.
Mrs. Evans addressed Ms. Kerschner and Ms. Kavanau and declared she was in full accord with the resolution, but her concern was the need for funding for ACR 28.
Ms. Kavanau replied she and Ms. Kerschner had discussed potential costs, and she pointed out much could be done without cost. She stressed the amount of work which could be done, and stated she and Ms. Kerschner felt a great deal could be accomplished in the next two years without extra money.
Mrs. Williams expressed her understanding ACR 28 would enable the Nevada State Library and Archives to get started.
ASSEMBLYMAN PORTER MOVED TO ADOPT ACR 28.
ASSEMBLYMAN EVANS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.
ASSEMBLYMAN SADER WAS ABSENT FOR THE VOTE.
Mrs. Williams reopened the hearing on AJR 8.
AJR 8: Urges Congress not to require states to provide services or benefits unless it provides related funding.
ASSEMBLYMAN PRICE MOVED TO DO PASS ON AJR 8.
ASSEMBLYMAN PORTER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY THOSE MEMBERS PRESENT.
ASSEMBLYMAN SADER WAS ABSENT FOR THE VOTE.
Mrs. Williams asked if Mr. Porter and Mrs. Lambert had met with Ms. Giunchigliani on AB 150 amendments. Mr. Porter replied he and Mrs. Lambert had many hours of discussion concerning AB 150, and would have recommendations in the near future.
Mrs. Williams stated Mr. Humke had submitted an amendment to AB 106, and she had also received an amendment to AB 105.
There being no further business to come before committee, the meeting was adjourned at 4:00 p.m.
RESPECTFULLY SUBMITTED:
BOBBIE MIKESELL
Committee Secretary
??
Assembly Committee on Elections and Procedures
March 30, 1993
Page: 1