MINUTES OF MEETING

      ASSEMBLY COMMITTEE ON GOVERNMENT AFFAIRS

 

      Sixty-seventh Session

      March 2, 1993

 

 

 

The Assembly Committee on Government Affairs was called to order by Chairman Val Z. Garner at 8:34 a.m. Tuesday, March 2, 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

      Mr. Pete Ernaut

      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. Bob Gagnier, State of Nevada Employees Association; Ms. Dolores Hanner, Carson City Recorder.

 

 

Chairman Garner welcomed Mr. Ernaut to the committee.  Mr. Ernaut was assigned to the committee on a permanent basis.

 

Chairman Garner indicated testimony would not be heard except upon request by members of the committee or the chair for additional information.  He stated these bills had all been heard in Las Vegas or Carson City.

 

ASSEMBLY BILL 14 - Makes various changes concerning purchasing by local governments.

 

Ms. Dana Bennett gave a brief recap on AB 14, stating it had been requested by the Regional Transportation Commission of Clark County.  She indicated they had a proposed amendment which would keep information confidential if requested by the bidder which would put the burden on the bidder and not the agency.  Ms. Bennett stated there was opposition in the original form but there was interest in the amendment. 

 

As no action was to be taken Chairman Garner closed the hearing on AB 14.

 

ASSEMBLY BILL 18 - Creates committee on catastrophic leave and requires department of personnel to establish account for catastrophic leave.

 

Chairman Garner indicated the university system had asked to be excluded from AB 18.

 

Mr. Bennett reiterated a request had been received from the university system in that regard (Exhibit C).

 

Mrs. Augustine asked if Mr. Bennett had investigated the $54,000 fiscal note. 

 

Mr. Bennett indicated he had and it was his recommendation to leave the bill as it was and be rereferred to Ways and Means to let the budget committee handle it.

 

The hearing on AB 18 was closed.

 

Chairman Garner asked for a motion to amend and do pass as indicated by Exhibit C.

 

      ASSEMBLYMAN BENNETT MOVED AMEND AND DO PASS ON A.B. 18.

 

      ASSEMBLYMAN HETTRICK SECONDED THE MOTION.

 

Mrs. Lambert indicated she was in favor of removing the sunset, but could not support the bill as a whole.  She stated with the reorganization, the need for the bill would possibly go away.

 

Chairman Garner responded many of the bills could be impacted by reorganization, but if action was not taken because of possible pending change, nothing might be accomplished.

 

      MOTION CARRIED - ASSEMBLYMEN ERNAUT AND LAMBERT VOTED NO.

 

Chairman Garner assigned Mr. Bennett to handle AB 18.

 

ASSEMBLY BILL 22 - Allows certain state employees to choose form of compensation for overtime and to choose work schedule based on seniority.

 

Handout (Exhibit D) was distributed.

 

Mrs. Lambert questioned if action on AB 22 should wait until the recommendations on the Benzler decision were made.

 

Bob Gagnier, Executive Director, State of Nevada Employees Association (SNEA), did not feel the federal lawsuit would impact the bill.  He said the real impact of the federal lawsuit was everyone was entitled to time and a half. 

 

Further discussion was held regarding language.  Mr. Gagnier volunteered to work on language to amend AB 22.  Chairman Garner requested Mr. Gagnier work with Dana Bennett on the amendment and indicated action would be held until that was accomplished.

 

Chairman Garner closed the hearing on AB 22.

 

ASSEMBLY BILL 31 - Revises requirements for filing documents with county recorder.

 

Mrs. Augustine distributed and reviewed Exhibit E. 

 

Committee held discussion on AB 31.  Points discussed included legibility of documents and recording deadline.  It was requested the word "legible" be taken out.  The word "may" was also discussed as possibly creating a problem.

 

Chairman Garner asked Mrs. Augustine to continue to work on the problems addressed.  He asked county recorder Dolores Hanner to address the committee.

 

Ms. Dolores Hanner, Carson City Recorders Office, testified the recorder's office received illegible copies each day. 

 

Chairman Garner asked if the language which stated the recorder had to produce a "legible" document was eliminated would it remove the responsibility the recorder had to have to produce a readable copy. 

 

Ms. Hanner indicated it would help, as it was difficult to make legible copies of documents which could not be read.  She felt the recorder's office should not be liable for a poor copy which was brought in to be recorded.

 

Further discussion was held between committee members and Ms. Hanner.

 

Chairman Garner indicated the committee would continue to work on AB 31 to address the concerns of the county recorders.  Chairman Garner closed the hearing on AB 31.

 

ASSEMBLY BILL 36 - Eliminates certain restrictions on sale, rental or lease of specified property at site of Las Vegas High School.

 

Chairman Garner reminded the committee he thought the Clark County School District could do what was necessary with respect to that facility so long as the intent was not to change the buildings in any way. 

 

Mr. Bache indicated after discussion with Clark County School District, it was felt this bill was not needed, other than an amendment to add the word "original" to the site so it would specify which Las Vegas high school was indicated.

 

Chairman Garner stated there would be one change, indicating it was the "original" Las Vegas high school, not the new one.

 

Chairman Garner closed the hearing on AB 36.

 

      ASSEMBLYMAN WILLIAMS MOVED TO AMEND AND DO PASS A.B. 36.

 

      ASSEMBLYMAN BACHE SECONDED THE MOTION.

 

      MOTION CARRIED UNANIMOUSLY.

 

Chairman Garner assigned the bill to Mr. Bache.

 

ASSEMBLY BILL 38 - Increases fees charged by county recorder for copies and abstracts of certificates of marriage.

 

      ASSEMBLYMAN BENNETT MOVED TO DO PASS A.B. 38.

 

      ASSEMBLYMAN FREEMAN SECONDED THE MOTION.

 

      MOTION CARRIED UNANIMOUSLY.

 

Chairman Garner assigned the bill to Mr. Neighbors.

 

ASSEMBLY BILL 40 - Abolishes certain duties of county treasurer.

 

      ASSEMBLYMAN KENNY MOVED TO DO PASS A.B. 40.

 

      ASSEMBLYMAN BACHE SECONDED THE MOTION.

 

      MOTION CARRIED UNANIMOUSLY.

 

Chairman Garner assigned the bill to Mrs. Kenny.

 

ASSEMBLY BILL 41 - Clarifies provisions relating to claims for reimbursement of constable for executing writ.

 

      ASSEMBLYMAN BACHE MOVED TO DO PASS ON A.B. 41.

 

      ASSEMBLYMAN HETTRICK SECONDED THE MOTION.

 

      MOTION CARRIED UNANIMOUSLY.

 

Chairman Garner assigned the bill to himself.

 

ASSEMBLY BILL 133 - Authorizes annexation of portion of unincorporated town by city under certain circumstances if annexation is approved by governing body of unincorporated town.

 

      ASSEMBLYMAN BENNETT MOVED TO DO PASS ON A.B. 133.

 

      ASSEMBLYMAN SEGERBLOM SECONDED THE MOTION.

 

      MOTION CARRIED UNANIMOUSLY.

 

Chairman Garner assigned the bill to Mrs. Segerblom.

 

ASSEMBLY BILL 158 - Limits use of money by district for control of floods for certain off-site improvements.

 

      ASSEMBLYMAN MCGAUGHEY MOVED TO DO PASS ON A.B. 158.

 

      ASSEMBLYMAN BENNETT SECONDED THE MOTION.

 

      MOTION CARRIED UNANIMOUSLY.

 

Chairman Garner assigned the bill to Mr. McGaughey.

 

 

      CORRECTED COPY

 

 

ASSEMBLY BILL 8 - Requires, upon request, granting of leave of absence without pay for state employees to care for newborn or newly adopted children.

 

Mrs. Freeman indicated Mr. Gagnier had done a comparison between the Federal Family and Medical Leave Act and AB 8.  Mrs. Freeman submitted an amendment to the bill (Exhibit F).

 

Mr. Bob Gagnier, SNEA, stated after the comparison, SNEA's recommendation was to process AB 8 as indicated with the amendment, which would change the wording from "6 weeks" to "6 months."

 

Mrs. Freeman commented she considered this bill to be important to the state and asked for committee support of the bill.

 

Chairman Garner asked Mrs. Freeman if she were proposing in the amendment that it go back to "6 months."  Mrs. Freeman indicated the bill drafter had used the language the Senate sent last session (6 weeks), which had not been agreed to.  She stated the amendment took out the "6 weeks" and put in "6 months."

 

Chairman Garner asked what Mrs. Freeman considered the likelihood would be that the bill would run into a problem on the Senate side again with the wording "6 months," and would she consider making it "3 months" rather than "6 months." 

 

Mrs. Freeman stated it had been discussed as a compromise, but she would like to leave it at 6 months. 

 

Chairman Garner asked the committee how they felt about the 6 month time frame.

 

Mr. McGaughey indicated he opposed the 6 months.  He felt while it was important for a family to have some time off with a new child, 6 months would be too long.  Mr. McGaughey stated the employer would also suffer with that length of time.  He supported the 3 month time frame.

 

Mrs. Segerblom voiced her support of the 6 month time frame, stating it would give them something to negotiate with if there was opposition to the time frame.

 

Mrs. Kenny wholeheartedly supported the 6 month period and felt it was extremely important for a parent to give as much time as possible to a new child.  She agreed with Mrs. Segerblom they needed to leave some room for negotiation.

 

 

Mrs. DeBraga agreed the 6 month time frame should be kept.  She indicated few people would probably take advantage of the entire 6 months, but it should be there if necessary.

 

Mrs. Augustine supported the 3 month period as she felt it would be more acceptable and have a better chance of passing.  She thought the 6 months would cause the bill to be killed.

 

Mrs. Lambert indicated the 6-month time frame had been tried the previous session but it was killed in conference committee, so she felt the 3-month period would be more reasonable.  She stated she would like to see this pass and 3 months would be more acceptable.

 

Mrs. Freeman stated she would agree with the 3-month compromise, but wanted to clear up a misconception that this was not mandatory, an employee was not required to take it.

 

Mr. Hettrick said the committee needed to consider the employer, and felt it would be difficult for the employer to handle that length of time.  Mr. Hettrick felt this was a worthwhile measure, but a compromise needed to be made to better ensure the bill would be passed.

 

Mrs. Freeman agreed to the compromise and made a motion to amend and do pass AB 8 to read "3 months" rather than "6 months."

 

      ASSEMBLYMAN FREEMAN MOVED TO AMEND AND DO PASS A.B. 8.

 

      ASSEMBLYMAN MCGAUGHEY SECONDED THE MOTION.

 

      THE MOTION CARRIED - ASSEMBLYMEN SEGERBLOM, KENNY AND DEBRAGA VOTED NO.

 

Chairman Garner assigned the bill to Mrs. Freeman.

 

ASSEMBLY BILL 26 - Makes various changes relating to notaries public.

 

Mr. Hettrick introduced amendment to AB 26 (Exhibit G) changing certain fees.

 

      ASSEMBLYMAN HETTRICK MOVED TO AMEND AND DO PASS A.B. 26.

 

      ASSEMBLYMAN AUGUSTINE SECONDED THE MOTION.

 

      THE MOTION CARRIED UNANIMOUSLY.

 

Chairman Garner assigned the bill to Mr. Hettrick.

 

ASSEMBLY JOINT RESOLUTION 24 of the 66th Session - Proposes amendment to Nevada constitution to authorize state to enter into certain agreements notwithstanding limitations on state indebtedness.

 

Chairman Garner indicated AJR 24 had passed the Assembly and Senate last session and would ultimately go before a vote of the people. 

 

Discussion was held by committee members.

 

      ASSEMBLYMAN MCGAUGHEY MOVED TO DO PASS A.J.R. 24.

 

      ASSEMBLYMAN BENNETT SECONDED THE MOTION.

 

      THE MOTION CARRIED UNANIMOUSLY.

 

Chairman Garner assigned the bill to Mr. McGaughey.

 

ASSEMBLY JOINT RESOLUTION 3 - Urges Tahoe Regional Planning Agency to consider certain factors in regulating development in the Lake Tahoe Basin.

 

Amendment to AJR 3 was distributed (Exhibit H). 

 

Discussion was held by committee members.

 

      ASSEMBLYMAN BENNETT MOVED TO AMEND AND DO PASS A.J.R. 3.

 

      ASSEMBLYMAN HETTRICK SECONDED THE MOTION.

 

      THE MOTION CARRIED UNANIMOUSLY.

 

Chairman Garner assigned the bill to himself.

 

ASSEMBLY CONCURRENT RESOLUTION 3 - Urges Tahoe Regional Planning Agency to increase efforts to simplify its ordinances and procedures.

 

      ASSEMBLYMAN HETTRICK MOVED TO ADOPT A.C.R. 3.

 

      ASSEMBLYMAN BENNETT SECONDED THE MOTION.

 

      THE MOTION CARRIED UNANIMOUSLY.

 

Chairman Garner assigned the bill to Mr. Ernaut.

 

Chairman Garner asked committee members to give brief summaries on subcommittees.

 

Mr. McGaughey stated his subcommittee would meet Monday, March 8, in room 119 at 8:30 a.m. on the five bills dealing with subdivision of land.  He also stated it would be teleconferenced to Las Vegas.

 

Mr. Williams indicated information had not yet been received on AB 28 which had been heard last session. 

 

Mr. Bache reported subcommittee on AB 138 met and voted to request a draft for a resolution on a number of issues.  He stated a few issues had been left unresolved which may or may not be amended into AB 138.

 

Mrs. Segerblom said the subcommittee which was hearing AB 153 would meet March 3 at 1:15 p.m. in Mr. Garner's office.

 

There being no further business to come before committee, the meeting was adjourned at 9:50 a.m.

 

      RESPECTFULLY SUBMITTED:

 

 

                             

      LINDA FEATHERINGILL

      Committee Secretary

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Assembly Committee on Government Affairs

March 2, 1993

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