MINUTES OF MEETING
ASSEMBLY COMMITTEE ON GOVERNMENT AFFAIRS
Sixty-seventh Session
May 19, 1993
The Assembly Committee on Government Affairs was called to order by Chairman Val Z. Garner at 8:08 a.m. Wednesday, May 19, 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
COMMITTEE MEMBERS ABSENT:
Mr. Wendell P. Williams - Excused.
GUEST LEGISLATORS PRESENT:
None
STAFF MEMBERS PRESENT:
Mrs. Dana Bennett, Senior Research Analyst
OTHERS PRESENT:
Mr. Marvin Leavitt, City of Las Vegas; Mr. Mike Sheldon, Director, City of Las Vegas Department of Detention and Enforcement; Mr. O.C. Lee, President, Nevada Conference of Police and Sheriffs; Mr. Andy Anderson, Las Vegas Police Protective Association Metro, Inc.; Captain Randy Oaks, representing Sheriff John Moran, Las Vegas Metropolitan Police Department; Mr. Richard Lassen, Cold Springs; Mr. Mike Turnipseed, State Engineer; Mr. Lew Dodgion, Department of Environmental Protection.
ASSEMBLY BILL 619 - Provides that statutes governing metropolitan police departments do not prohibit participating political subdivisions from establishing certain units of specialized law enforcement.
Mr. Marvin Leavitt, City of Las Vegas, testified in favor of AB 619 and gave a brief background of the bill. He stated when the Las Vegas Metropolitan Police Department (LVMPD) was established in 1973 the city, which previous to that time had regular police departments, turned over all responsibility to the LVMPD. Mr. Leavitt indicated the city of Las Vegas had kept certain responsibilities of specialized law enforcement such as animal control, marshals, park rangers, arson investigators and business license people, and from the inception of the LVMPD the city had performed those functions separate from the LVMPD. Mr. Leavitt cited a municipal court ruling which stated the city was not legally allowed to handle the listed responsibilities and pointed out as it was not specifically defined in statutes that the city had a legal right to enter into those areas of responsibility, AB 619 had been developed to allow those practices.
Mr. Mike Sheldon, Director, City of Las Vegas Department of Detention and Enforcement, reiterated Mr. Leavitt's testimony adding the units had existed both before and after the establishment of the LVMPD and there had never been a difficulty with any of them until the dispute Mr. Leavitt recounted.
Mr. O.C. Lee, President, Nevada Conference of Police and Sheriffs, testified his organization had been involved in the dispute referenced by Mr. Leavitt and he believed AB 619 fairly represented the agreements assented to by the parties involved and his organization supported the bill.
Mr. Andy Anderson, President, Las Vegas Police Protective Association Metro, Inc., stated he represented the commissioned officers of LVMPD and the commissioned officers of the city of Las Vegas. He indicated there had been a great deal of discussion with the city on AB 619 and those he represented were in total support of it.
Captain Randy Oaks, representing Sheriff John Moran, Las Vegas Metropolitan Police Department, testified LVMPD was not opposed to AB 619, the sheriff had reviewed the bill and agreed with testimony provided today. He indicated there was one area of concern under Section 1, subsection 3 where there was a limitation on the authority and jurisdiction of park rangers or marshals. His concern with the drafting of the bill was it appeared paragraph 2 and paragraph 3 were inconsistent as paragraph 2 said, "Any unit of specialized law enforcement had concurrent authority and jurisdiction with the Metropolitan Police Department, and paragraph 3 separates out marshals and park rangers and then limits their authority." Captain Oaks felt paragraph 2 should indicate, "Except marshals or park rangers have concurrent jurisdiction so the limitations set forth in paragraph 3 are more clear."
Chairman Garner asked Mr. Leavitt and Captain Oaks to meet with the bill drafter to clarify the language and the committee would take action as soon as it was taken care of.
There being no further testimony, Chairman Garner closed the hearing on AB 619.
ASSEMBLY CONCURRENT RESOLUTION 53 - Expresses position of Nevada Legislature concerning discrimination in employment and sexual harassment.
Assemblyman Vivian Freeman, District 24, reviewed ACR 53 indicating it reflected current state and federal policy on the issue of sexual harassment.
Chairman Garner questioned the meaning on page 2, paragraph 5 regarding sexual conduct directed toward another party.
Mrs. Freeman replied she was unable to explain that portion but would be able to obtain background information.
Chairman Garner stated he did not have a problem with the resolution but wanted further information on the meaning of the referenced area.
Discussion ensued.
Chairman Garner indicated ACR 53 would be rescheduled and closed the hearing.
ASSEMBLY BILL 620 - Requires certain studies required by state department of conservation and natural resources to be performed by department or its designee and paid for by applicant.
Assemblyman Joan Lambert, District 29, indicated she had submitted AB 620 because of a problem which had occurred in her district. She pointed out Assembly District 29 was rapidly growing, there was a thousand-home subdivision which had been proposed in the area. In the past few years the changes in the Clean Water Act at the federal level required the Division of Environmental Protection to protect the groundwater to drinking water standards which gave them more control over water pollution dealing with sewage plants, septic tanks, etc. Mrs. Lambert said when the subdivision had been proposed a water quality study was ordered to see if the subdivision could go in with septic tanks of if it needed a sewer plant. She remarked there was a perception problem because the developer had paid for, contracted for and directed the study and, "When the data came back, no matter how accurate it would be, there was a perception problem on how scientifically objective this study might be. And it came back with strange results, results that really worked well for the subdivider. It basically said the thousand existing homes had to hook up to the sewer real soon and the subdivider could put septic tanks in for the next ten years. When you have a result like that, accurate or not, when it's paid for by the subdivider rather than done through an independent government entity, I think there is a problem."
Mrs. Lambert gave a brief review of AB 620. She also indicated there had been a suggestion by Mr. Lew Dodgion under Section 2, subsection 5 to change "administrator" to "State Environmental Commission."
Mr. Richard Lassen, Cold Springs, testified he was past president of Cold Springs Valley Review Board which became involved in the development of Cold Springs Valley in November 1991 when there were concerns about possible water importation into the valley and additional septic systems being introduced. Their concerns were made known to Washoe County at that time. Mr. Lassen said the results of their concerns about the possibility of 750 individual septic systems being put in the valley caused the generation of a report concerning water quality in Cold Springs Valley. The study was done by a contracting firm in Reno retained by the developer. He commented the report consisted of a compilation of old data with very little new data input, the data was fed into a USGS computer simulation program which projected water quality for 50 years. The first draft of the report indicated the water quality would be good for 49 years at which time the nitrate levels would increase and there would be problems. Mr. Lassen said there were questions concerning the report so a second draft was completed which showed the water quality would deteriorate in about three years instead of 49 years and residents in Cold Springs Valley would need to be put on a sewage treatment plant. That report was also questioned but it was accepted and a sewage treatment plant would be placed in Cold Springs Valley, the existing residents would not be required to hook up and it would only address the effluent from the new construction in the valley.
Mr. Lassen stressed the main concern was the developer had been allowed to choose and control the activities of the firm doing the groundwater study. He felt the major evidence was in November 1992 the Board submitted a list of questions about the report to the county and contractor doing the ground water study, and the contractor stated they would have to submit their answers to the subdivider for his review before the questions could be answered.
Mr. Lassen maintained if a water quality study was to be done it should be contracted by a disinterested third party and the contractors, developers etc. could then see the report when it was completed and address their questions and concerns at that time.
Discussion ensued between committee members and Mr. Lassen.
Mr. Mike Turnipseed, State Engineer, testified in favor of AB 620 indicating the section of the bill affecting his office was NRS 533.638 which came about as a result of Senate Bill 526 passed in the previous session.
Mr. Lew Dodgion, Administrator Division of Environmental Protection, testified in favor of AB 620. He reemphasized in Section 2, subsection 5 the word administrator should be changed to State Environmental Commission.
Chairman Garner asked for a motion to amend AB 620 to change Section 2, subsection 5 from "administrator" to "State Environmental Commission" and do pass.
ASSEMBLYMAN HETTRICK MOVED TO AMEND AND DO PASS A.B. 620.
ASSEMBLYMAN DE BRAGA SECONDED THE MOTION.
THE MOTION CARRIED.
Chairman Garner requested Mrs. Lambert to take care of the amendment and handle the bill on the floor.
Chairman Garner asked for committee introduction of the following bill draft request.
BILL DRAFT REQUEST 23-666 - Authorizes state agencies to require employees to take involuntary leave without pay during periods of shortfalls in revenue.
ASSEMBLYMAN MCGAUGHEY MOVED FOR COMMITTEE INTRODUCTION OF B.D.R. 23-666.
ASSEMBLYMAN BENNETT SECONDED THE MOTION.
THE MOTION CARRIED.
There being no further business to come before committee, the meeting was adjourned at 8:50 a.m.
RESPECTFULLY SUBMITTED:
LINDA FEATHERINGILL
Committee Secretary
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Assembly Committee on Government Affairs
May 19, 1993
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