MINUTES OF MEETING
ASSEMBLY COMMITTEE ON GOVERNMENT AFFAIRS
Sixty-seventh Session
January 27, 1993
The Assembly Committee on Government Affairs was called to order by Chairman Val Z. Garner at 8:30 a.m. Wednesday, January 27, 1993, in Room 330 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Mr. Val Z. Garner, Chairman
Mr. Rick C. Bennett, Vice Chairman
Mrs. Kathy M. Augustine
Mr. Douglas A. Bache
Mrs. Marcia de Braga
Mrs. Vivian L. Freeman
Mr. Lynn Hettrick
Mrs. Erin Kenny
Mrs. Joan A. Lambert
Mr. James W. McGaughey
Mr. Roy Neighbors
Mrs. Gene W. Segerblom
Mr. Wendell P. Williams
COMMITTEE MEMBERS ABSENT:
None
GUEST LEGISLATORS PRESENT:
None
STAFF MEMBERS PRESENT:
Ms. Dana Bennett
OTHERS PRESENT:
Mr. Randy Oaks, Las Vegas Municipal Police Department; Mr. Frank Barker, Las Vegas Municipal Police Department; Mr. Brian Hutchins, Chief Deputy Attorney General, NDOT; Mr. Bob Hadfield, Nevada Association of Counties; Ms. Ande Engleman, Nevada Press Association; Ms. Mary Henderson, Washoe County; Mr. Tom Taro, Nevada Division of Purchasing; Ms. April Hess Townley, Nevada Welfare Division; Ms. Cindy Pyzel, MHMR; Ms. Mary Santina, RAN
ASSEMBLY BILL 29 - Provides exemption from fees charged by county recorder for notice of pendency of action in eminent domain filed by State of Nevada.
Brian Hutchins, Chief Deputy Attorney General, representing the Attorney General's Office, and Chief Counsel to Department of Transportation and Department of Motor Vehicles, said AB 29 is considered clarification legislation which would amend NRS 247.305 of the statutes. He stated this would clarify the law when the state filed a notice of pendency of action in an eminent domain or condemnation case, the state would not be required to pay a recording fee. He explained a notice of pendency of action would be required to be filed any time an eminent domain case would be heard. It would notify everyone concerned of the state's interest in the land. A final judgment of condemnation would also be filed, which document would convey to the state an interest in the land. He stressed he wanted it to be absolutely clear when a notice of pendency of action was filed, required by NRS 37.060, it would not require the state to pay a fee.
Chairman Garner noted this was supported by the Nevada Association of Counties and Washoe County.
Bob Hadfield, representing Nevada Association of Counties, agreed this was meritorious legislation.
Since there was no further testimony Chairman Garner closed the hearing on AB 29.
ASSEMBLYMAN FREEMAN MOVED DO PASS ON AB 29.
ASSEMBLYMAN BACHE SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
ASSEMBLY BILL 12 - Makes various changes relating to contracts entered into by purchasing division of department of general services.
Mr. Tom Tatro, Acting Administrator for the Department of General Services, State Purchasing Division, indicated the Division requested this legislation in order to contract for periods longer than one year. He stated the primary motivation was a contract they had been working on in consortium with 16 other states regarding paper recycling, which would involve creation of additional production facilities in order for paper companies to make the investments required to fulfill the contract. He indicated of the 17 states involved, Nevada was the only state that had the limitation of a one-year term for contracts.
Mr. Tatro also said they had been contacted by some of the agencies regarding the two words "and services." He noted there was no limitation on contracts for services in NRS 333. In the State Administrative Manual limitations had been established that varied with the dollar amount of a contract. He felt the flexibility provided by the State Administration Manual was more appropriate than to ask for services to be included in a statutory limitation of three years. He requested the words 'and services' not be included in final passage.
Mrs. Freeman remarked she was happy to see the state was following through on its recycling efforts.
Mrs. Segerblom asked Mr. Tatro if this meant they would not go out to bid on a yearly basis, but would go year to year without new contracts.
Mr. Tatro stated they would bid this year, for example, for a three year contract for a product, but it would not be something done on a routine basis. He indicated they would try to develop a long-term relationship with a supplier so the state could induce someone into investing in planning and equipment in order to provide the products the state would need. This would be the only time the state would use a contract period greater than one year.
Ms. Ande Engleman, representing Nevada Press Association, stated they would support legislation which would allow the state to contract only for recycled paper on a long-term basis. She said this bill was far more reaching with an economic factor which affects newspapers, in that newspapers make money when bids are placed. She indicated it did not appear this bill had been brought up for economic reasons which would save the state money. She felt the bill was geared only for recycled paper. Ms. Engleman stated she felt some newly emerging businesses would lose a good start by not being able to bid on state agency contracts if bids were only let every three years. She pointed out the reason for the bid process was to receive the lowest price possible for government services and products, and her organization would encourage contracts going to bid every year as in the past. She stressed they would support a separate piece of legislation for recycled paper.
Ms. April Townley, Deputy Administrator for the State Welfare Division, presented testimony (EXHIBIT C), against the wording "and services" in AB 12.
Chairman Garner indicated Ms. Engleman and Mr. Tatro should meet to find some appropriate language to address the concerns, and return at a later time. He asked Mr. Bennett to work with them to see if the bill could be processed to address everyone's concerns. Mr. Garner indicated an amendment had already been proposed to this bill.
There being no further testimony, Chairman Garner closed the hearing on AB 12.
ASSEMBLY BILL 35 - Revises provisions governing repossession of real property held for use and benefit of metropolitan police department.
Randy Oaks, representing the Las Vegas Metropolitan Police Department, gave a brief history on the police department in regard to owning property. He indicated in 1973 the police department came into existence as a result of legislative action forming Metro out of what previously had been Clark County Sheriff's Office and Las Vegas Police Department. NRS 280.350 indicated real property held or operated at the time of the merger would continue to be occupied as long as it was for law enforcement purposes. The police department could not own real property, every occupied building was leased or owned by the city or county of jurisdiction. The original legislation did not cover property which would be occupied subsequent to the merger. Mr. Oaks said since the department had expanded to occupy property not covered under NRS 280.350, there was no assurance of their continued occupation of the property. Mr. Oaks stated AB 35 would cover all property occupied at the time of the merger and subsequent to the merger. It would allow repossession at such time the police department would not have legitimate use for the property.
There being no further testimony, Mr. Garner closed the hearing on AB 35.
ASSEMBLYMAN BACHE MOVED DO PASS ON AB 35.
ASSEMBLYMAN AUGUSTINE SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
Chairman Garner asked for committee introduction on BDR S822, an act relating to the City of Reno, changing the time for the election of certain officers of the City of Reno; and providing other matters properly relating thereto.
ASSEMBLYMAN HETTRICK MOVED FOR COMMITTEE INTRODUCTION OF BDR S822.
ASSEMBLYMAN FREEMAN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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ASSEMBLY BILL 34 - Revises provisions concerning time in which notice of intention to become candidate for town board must be filed if proposal for town board form of government is submitted to electors for approval.
ASSEMBLYMAN BACHE MOVED DO PASS ON AB 34.
ASSEMBLYMAN KENNY SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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ASSEMBLY BILL 13 - Exempts automobiles used by investigators of securities division of office of secretary of state from requirements of being labeled as property of state and being furnished with distinguishing license plates.
ASSEMBLYMAN BENNETT MOVED DO PASS ON AB 13.
ASSEMBLYMAN LAMBERT SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
There being no further business to come before committee, the meeting was adjourned at 9:03 a.m.
RESPECTFULLY SUBMITTED:
LINDA FEATHERINGILL
Committee Secretary
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Assembly Committee on Government Affairs
January 27, 1993
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