MINUTES OF MEETING
ASSEMBLY COMMITTEE ON ELECTIONS AND PROCEDURES
Sixty-seventh Session
June 29, 1993
The Assembly Committee on Elections and Procedures was called to order by Chairman Myrna T. Williams at 3:40 p.m., Tuesday, June 29, 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 Wendell P. Williams, District No. 6
STAFF MEMBERS PRESENT:
Mr. Robert Erickson/Research Director, Legislative Counsel Bureau
Mr. John R. Crossley/Director, Legislative Counsel Bureau
OTHERS PRESENT:
Mr. Garth Dull/Director, Nevada Department of
Transportation
AB 404: Clarifies and expands authority of legislative commission and its subcommittees to conduct studies and investigations.
Mrs. Williams stated she had received the amendment to AB 404 relating to the Legislative Commission. At Mrs. Williams' request, Mr. Sader explained the amendment. On Page 1, Section 1, Lines 7 and 8, the amendment deleted the period on Line 8 and added, "For studies or investigations proposed but not approved during the preceding legislative session," Mr. Sader said.
ASSEMBLYMAN DINI MOVED TO AMEND AND DO PASS AB 404.
ASSEMBLYMAN GARNER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.
ASSEMBLYMAN PRICE WAS ABSENT FOR THE VOTE.
ACR 75: Directs Legislative Commission to conduct interim study on financing for construction, maintenance and repair of highways.
Mrs. Williams reminded the committee they had discussed the possibility of financing for construction, maintenance and repair of highways and had asked if the highway department might assume the cost. Mrs. Williams said Mr. Dull had agreed to finance this study, and because ACR 75 would be funded by another source, it would have to become a bill.
Mr. Garth Dull, Director, Department of Transportation, testified the study was very important, and the Department of Transportation would fund the study. He addressed legislative intent on lines 27 through 29 and asked if the committee appointed subcommittees which consisted of members of the committee, other legislators or other representatives of the general public as necessary to carry out this study, that the general public would specifically not include members of the industry, the State Department of Transportation, AAA or the railroads and that they would be truly members of the general public.
Mrs. Williams stated she was sure the intent was that it be truly a member or members of the general public.
Mr. Crossley stated he had a problem with Line 28 of ACR 75, legislators of a subcommittee of the Commission appointing other legislators to a committee as the Counsel Bureau had previously had problems in that area.
Mr. Sader said if it was the intent to have members of the general public not be associated with the various special interest groups, then that should be stated because the Commission or whoever appointed the people could be lobbied by the various interest groups to become those representatives. Mr. Sader suggested the language, "Representatives of the general public who are not otherwise interested in a special interest associated with highway construction."
Mr. Sader then confirmed it was Mr. Dull's proposal that ACR 75 be funded as an interim study and that its recommendations be reported to the next session of the legislature; and he further confirmed the Legislative Commission would appoint the members. Mr. Sader clarified that Mr. Dull would want a statutory study, and, therefore, ACR 75 would be made a bill rather than a resolution.
Mr. Sader asked if the committee would cease to exist after it made recommendations. Mrs. Williams suggested putting a termination date in the bill.
Mr. Crossley at this point confirmed ACR 75 would have to become a bill. He asked Mr. Dull if Mr. Dull would want the members to serve if members did not run for reelection or if Mr. Dull would want the same committee to run through until the report was completed.
Mrs. Williams thought they should run through until the report was concluded.
Mr. Sader asked if it could be said that the committee would be appointed and function under the same rules as interim committees.
Mr. Crossley stated interim study committee members did not continue as members of that committee. There were only about three committees, such as Interim Finance, where members did continue.
Mr. Scherer proposed a swap of the two, putting AB 378 into ACR 75 and ACR 75 into AB 378.
Mrs. Williams agreed with Mr. Scherer's suggestion and asked for a motion to amend ACR 75 into AB 378 and AB 378 into ACR 75.
ASSEMBLYMAN HUMKE MOVED TO AMEND ACR 75.
ASSEMBLYMAN GARNER SECONDED THE MOTION.
Mrs. Williams asked for further discussion.
Mr. Sader asked if the motion was Amend and Do Pass on ACR 75, and Mrs. Williams stated it was just Amend.
THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.
ASSEMBLYMAN PRICE WAS ABSENT FOR THE VOTE.
AB 378: Creates advisory committee to study state regulations.
Mrs. Williams asked for a motion on AB 378.
ASSEMBLYMAN GARNER MOVED TO AMEND AND DO PASS AB 378.
ASSEMBLYMAN SADER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.
ASSEMBLYMAN PRICE WAS ABSENT FOR THE VOTE.
AB 496: Revises provisions relating to publication and dissemination of campaign material.
Mrs. Williams stated Mr. Humke had an amendment to AB 496, and
Mr. Humke then explained the amendment (Exhibit C.)
Committee discussion ensued between Mr. Porter, Mr. Humke, Mr. Sader, and Mrs. Williams regarding the amendment. While Mrs. Williams agreed with the intent, she did not believe AB 496 was workable.
ASSEMBLYMAN SCHERER MOVED TO INDEFINITELY POSTPONE AB 496.
ASSEMBLYMAN GARNER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY. ASSEMBLYMEN PRICE AND
EVANS WERE ABSENT AT THE TIME OF THE VOTE.
Mrs. Williams then asked committee to refer to Proposed Assembly Interim Studies, (Exhibit D.)
Referring to Exhibit D, committee discussion ensued concerning ACR 67, ACR 71 and ACR 76.
Mr. Sader stated ACR 67 could be done as a study of the Legislative Commission through a subcommittee rather than an interim study.
Mr. Garner questioned feasibility of combining ACR 71 and ACR 76.
Mr. Sader responded with a description of ACR 71 and ACR 76 and felt they should be separate. ACR 71 was so broad it was a money issue and ACR 76 focused on other issues too broad to combine, he said.
Discussion ensued among Mr. Porter, Mr. Sader and Mrs. Williams concerning ACR 71 and ACR 76. Mr. Porter stated he, Mr. Sader, Mr. Dini and Mrs. Freeman in a weekend meeting with the NAACP had agreed to support ACR 76.
The committee recessed at 4:25 p.m. to reconvene after the Assembly floor session ended.
Mrs. Williams called the meeting back to order at 8:25 p.m. Using Proposed Assembly Interim Studies, (Exhibit D), submitted by Mr. Crossley, Mrs. Williams recapped the number of proposed studies beginning with ACR 38, ACR 47 and ACR 67.
Discussion ensued among committee regarding ACR 67 which directed Legislative Commission to conduct interim study of functioning of Legislative Counsel Bureau. Mrs. Williams confirmed with Mrs. Evans that ACR 67 could be done through the Legislative Commission and would not be counted on the list for interim studies.
Mr. Sader stated the Legislative Commission had authority to do the study within the Commission, and, as a member of the Legislative Commission, he would support the study. Mrs. Williams asked Mr. Crossley if a letter of intent could be sent to the Legislative Commission from the committee. Mr. Crossley thought a letter of intent would be appropriate.
Mrs. Lambert believed ACR 67 could be amended to have the Commission study LCB. Mrs. Williams agreed and asked Mr. Crossley to obtain an amendment to direct the Legislative Commission to consider a subcommittee.
Continuing the discussion of ACR 67, Mrs. Evans, prime sponsor, asked to get on the record that she (Mrs. Evans) and Mr. Crossley, in going over the proposal over many months, had discussed that many of the states which were looking at their Counsel Bureaus and the legislative branch had N.C.S.L. come in and take over. Mr. Crossley had called to find out how much it would be to do that, and the quote was some sixty thousand dollars which Mrs. Evans said they could not do. Mrs. Evans did think consideration should be given for technical assistance from N.C.S.L. as they did that very well and were very knowledgeable. She stated one of the problems was that in doing self examination, sometimes a person did not "see the forest for the trees," and someone from the outside was needed to bring in some objectivity. Mrs. Evans asked to have as a matter of record that some technical assistance from N.C.S.L. would be advised.
Mr. Crossley added if the request was in the form of the ACR it would greatly assist. Mrs. Williams agreed to include that in the consideration.
Mrs. Williams continued the recap of the number of interim studies with ACR 69, Coordination and Management of State's Housing Program which incorporated the summary eviction provisions in ACR 50; ACR 71 and ACR 75 which was being funded by Department of Transportation by switching into AB 378 which was being put in ACR 75.
Discussion ensued between Mr. Dini, Mrs. Williams, Mr. Sader and Mr. Crossley regarding staffing and funding of ACR 75.
Mrs. Williams continued the recap of the number of interim studies with AJR 76 and AB 159. AB 159 had a staff study included in the bill, Mrs. Williams noted, and Mr. Crossley commented staff could do the work on AB 159 and report their work to the Commission. Mr. Erickson expressed if language provided the staff (LCB) would report to the Commission, the work would not be counted against interim studies, but if a separate committee was set up, AB 159 would probably have to be counted as an interim study.
Mrs. Williams questioned the large fiscal note on AB 159, and Mrs. Lambert pointed out eight people and eight meetings were listed. Stating eight people were not needed, Mrs. Williams said AB 159's fiscal note needed to be revised. Mr. Crossley declared no fiscal note would be needed since eight meetings and eight legislators would not be required.
Mrs. Williams continued the recap of the number of interim studies with the new ACR 75 which was State Regulations and ACR 29, interim study on laws governing books and records. At this time, Mr. Porter declared if committee approved ACR 76, he would withdraw ACR 29.
ACR 76: Directs Legislative Commission to conduct interim study of criminal justice system.
Mr. Sader discussed ACR 76 and said there was general concern expressed regarding language in the bill and how broad the wording seemed to be.
Assemblyman Wendell P. Williams, District No. 6, testified in support of ACR 76 and referenced the nine items of direction in the bill. He told committee he had talked with a number of people in organizations and those who would assist with ACR 76 outside of the legislature, and he felt the items could be prioritized in order of impact (incarceration rate and numbers in the penal system) and reduced to half or less. Assemblyman Wendell Williams stated he would be in favor of the reduction.
The chair recognized Mr. Sader who asked if Assemblyman Williams would want to rewrite the nine factors in ACR 76 or have the committee prioritize them after the study was started. Assemblyman Wendell Williams stated he would be comfortable with the committee rewriting the nine items. Mr. Sader then stated ACR 76 would not have to be amended.
ASSEMBLYMAN PORTER MOVED TO ADOPT ACR 76.
ASSEMBLYMAN SADER SECONDED THE MOTION.
Mr. Dini asked that a statement be given on the floor for the record on what the priorities would be. Mr. Porter discussed appointments for the interim studies. Mrs. Williams asked if Mr. Porter was suggesting that he and Mr. Williams would talk about the emphasis. Mr. Porter said he would be happy to speak to it on the floor.
THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.
ASSEMBLYMAN GARNER WAS ABSENT FOR THE VOTE.
ACR 29: Directs Legislative Commission to conduct interim study of exemptions to laws governing public records and books.
Mrs. Williams asked for committee vote on ACR 29.
ASSEMBLYMAN DINI MOVED TO INDEFINITELY POSTPONE ACR 29.
ASSEMBLYMAN PETRAK SECONDED THE MOTION.
Mr. Scherer spoke in favor of ACR 29, but stated he understood the limitations faced by the committee.
THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.
ASSEMBLYMEN LAMBERT AND SCHERER VOTED NO. ASSEMBLYMAN
GARNER WAS ABSENT FOR THE VOTE.
ACR 38: Directs Legislative Commission to conduct interim study of laws relating to financing of infrastructure which accompany residential, commercial and industrial development in Nevada.
Mrs. Williams asked for committee vote on ACR 38.
ASSEMBLYMAN SADER MOVED TO ADOPT ACR 38.
ASSEMBLYMAN SCHERER SECONDED THE MOTION.
Mrs. Williams asked for discussion, and Mr. Crossley referenced Page 1, line 28, the word contained which Mrs. Williams said should be continued. Mrs. Williams stated the word contained would not have to be amended at that time.
THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.
ASSEMBLYMAN GARNER WAS ABSENT FOR THE VOTE.
ACR 47: Directs Legislative Commission to conduct interim study of laws governing taxation generally and creation of taxing districts.
Mrs. Williams asked for committee vote on ACR 47.
ASSEMBLYMAN SADER MOVED TO ADOPT ACR 47 AS AMENDED.
ASSEMBLYMAN SCHERER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.
ASSEMBLYMAN GARNER WAS ABSENT FOR THE VOTE.
ACR 71: Directs Legislative Commission to conduct interim study of drug and alcohol abuse among criminal offenders.
Mrs. Williams asked for committee vote on ACR 71.
ASSEMBLYMAN SADER MOVED TO ADOPT ACR 71.
ASSEMBLYMAN SCHERER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.
ASSEMBLYMAN GARNER WAS ABSENT FOR THE VOTE.
AB 378: Directs Legislative Commission to conduct interim study on financing for construction, maintenance and repair of highways.
Mrs. Williams asked for committee vote on AB 378 as amended into ACR 75.
ASSEMBLYMAN SADER MOVED TO DO PASS AS AMENDED.
ASSEMBLYMAN SCHERER SECONDED THE MOTION.
Mrs. Williams asked for discussion, and committee discussion ensued with Mrs. Lambert acknowledging, "What we are making a motion on is what used to be ACR 75 which is now AB 378." Mrs. Williams and Mr. Dini agreed.
Mrs. Williams clarified, "The highway study has to be a bill, and it is now going to be AB 378. We are voting on AB 378 in order to do the highway study."
THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.
ASSEMBLYMAN GARNER WAS ABSENT FOR THE VOTE.
ACR 69: Directs Legislative Commission to conduct interim study of coordination and management of state's housing programs.
ASSEMBLYMAN SADER MOVED TO DO PASS ON ACR 69.
ASSEMBLYMAN PETRAK SECONDED THE MOTION.
(MOTION DIED FOR LACK OF A VOTE.)
Since every study had legislative staff even if funded elsewhere, Mrs. Lambert asked Mr. Crossley and Mr. Erickson if committee could do more than six studies even if the studies were funded elsewhere with legislative staff. "In other words, would ACR 69 be the last study or would committee still be able to do ACR 67, Mrs. Evans' study, and some of the others." Mrs. Lambert asked for clarification before a vote was taken by the committee on the sixth study.
Responding to Mrs. Lambert's question, Mr. Crossley and Mr. Erickson agreed six studies plus the transportation study would be a tight schedule which might require the assistance of one of the attorneys who would also be on a close schedule.
Discussion ensued regarding ACR 69, State's Housing Programs, among Mr. Dini, Mrs. Williams, Mrs. Lambert, Mr. Scherer and Mr. Humke. Mr. Dini, advising he had not heard arguments for ACR 69, asked if the Housing Division was doing everything possible to finance as much low average housing as possible in the state.
Mrs. Williams said the Housing Division had options which had not been exercised and they needed to have legislative assistance in accessing. She reminded committee provisions of ACR 50, the summary eviction procedures, had been incorporated in ACR 69.
Mrs. Lambert asked if the Housing Division could study it and bring their recommendations to the next legislature.
Mrs. Williams asked for committee vote on ACR 69.
ASSEMBLYMAN DINI MOVED TO INDEFINITELY POSTPONE ACR 69.
ASSEMBLYMAN LAMBERT SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.
ASSEMBLYMEN EVANS AND WILLIAMS VOTED NO. ASSEMBLYMAN
GARNER WAS ABSENT FOR THE VOTE.
Committee discussion ensued regarding the number of interim studies approved which were ACR 38 (infrastructure), ACR 47 (taxing districts), ACR 71 (drug and alcohol abuse among criminal offenders), ACR 76 (criminal justice system) and AB 378 (highway study.)
Mrs. Williams declared the remaining studies to be considered by committee were AB 159 (disclosure of information in real estate transactions) and ACR 75 (state regulations.)
At this time, Mr. Sader asked Mr. Crossley if his (Mr. Sader's) understanding was correct that ACR 67 would not be counted as an interim study either for financial or staff allocation. Mr. Crossley told Mr. Sader his understanding was correct, but money would have to be allocated to contract for some expertise from N.C.S.L.
Mrs. Williams reiterated the decision for the sixth and last study would be real estate (AB 159) or state regulations (ACR 75.)
ACR 75: Creates advisory committee to study state regulations.
ASSEMBLYMAN SADER MOVED TO AMEND AND ADOPT ACR 75.
ASSEMBLYMAN LAMBERT SECONDED THE MOTION.
Lengthy committee discussion ensued regarding the merits of ACR 75 and AB 159 with Mr. Porter, Mr. Price, Mr. Humke, Mr. Scherer, Mrs. Lambert and Mrs. Williams participating in the discussion.
Mrs. Williams asked for further discussion of the new ACR 75 which was State Regulations. There being none, she asked for a vote.
THE MOTION FAILED. ASSEMBLYMEN DINI, EVANS, PETRAK, PRICE, PORTER AND WILLIAMS VOTED NO. ASSEMBLYMAN GARNER WAS ABSENT FOR THE VOTE.
Mrs. Williams asked for committee vote on AB 159.
Mr. Dini stated he would vote Do Pass but thought the committee number of seven should be amended down, and he suggested four members consisting of two Senators and two Assemblymen.
Mr. Porter asked for assurance that AB 159 was an interim study and not a standing committee. Confirming that AB 159 would be an interim study, Mrs. Williams suggested an amendment to make certain it dissolved after the final report was submitted.
Mrs. Lambert suggested making AB 159 an ACR, and Mr. Dini voiced agreement.
Mrs. Williams then announced AB 159 could be put into ACR 69 which committee had indefinitely postponed.
Mr. Crossley suggested using ACR 75 because ACR 75 was still alive. Mrs. Williams agreed to his suggestion, and, replying to a question from Mr. Crossley, she also agreed to have the appointments made by the Legislative Commission. At Mr. Dini's suggestion, Mrs. Williams agreed to reduce the specified number of meetings.
ASSEMBLYMAN DINI MOVED TO AMEND AB 159 INTO ACR 75 PLUS CHANGE THE MEMBERSHIP AND MEETING NUMBERS AND ADOPT.
ASSEMBLYMAN PETRAK SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.
ASSEMBLYMAN GARNER WAS ABSENT FOR THE VOTE.
Mrs. Williams then asked for full motion on ACR 67, Legislative Counsel Bureau, to amend ACR 67 to direct Legislative Commission to appoint a subcommittee within the Commission to conduct a study of the functioning of the Legislative Counsel Bureau.
ASSEMBLYMAN DINI MOVED TO AMEND AND ADOPT ACR 67.
ASSEMBLYMAN PETRAK SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT.
ASSEMBLYMAN GARNER WAS ABSENT FOR THE VOTE.
There being no further business to come before committee, the meeting was adjourned at 9:25 p.m.
RESPECTFULLY SUBMITTED:
BOBBIE MIKESELL
Committee Secretary
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Assembly Committee on Elections and Procedures
June 29, 1993
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