MINUTES OF MEETING

      ASSEMBLY COMMITTEE ON GOVERNMENT AFFAIRS

 

      Sixty-seventh Session

      June 22, 1993

 

 

 

The Assembly Committee on Government Affairs was called to order by Chairman Val Z. Garner at 9:37 a.m., Tuesday, June 22, 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:

 

      Dana Bennett, Research Analyst

 

OTHERS PRESENT:

 

      Robert Hadfield, Executive Director, Nevada Association of Counties; and Michelle Bero, Nevada Association of Counties.

 

 

 

 

 

 

Chairman Garner referenced Exhibit C, the list of bills he was recommending the committee indefinitely postpone.  He asked the committee to review the list and said he would take action on the list of bills in a future hearing.

 

ASSEMBLY BILL NO. 757 -Makes various changes relating to regulation of fireworks.

 

Mr. Garner said Kim Morgan had clarified the question he had as to whether or not AB 757 would simply move the sale of fireworks, particularly fireworks being sold in Nye County and Pahrump, to a location on the Indian reservation or their facility which is located at the Valley of Fire.  The answer from Kim Morgan was the state of Nevada had no jurisdiction, whatsoever, with respect to the sale of fireworks on Indian reservations.  It was true California had some jurisdiction but Nevada did not enjoy the same status as California without congressional action.  He stated the issue now was would the legislation really solve the problem or would it just transfer the sale of fireworks to a place closer to Las Vegas than Pahrump.  Mr. Garner then asked Mr. Neighbors if the taxes in Pahrump or Nye County would be impacted if AB 757 passed.

 

Mr. Neighbors said there were some taxes involved but it was not a big ticket item.  He said, in the past, the fire station sold fireworks and used the money for fire equipment, etc.  He then explained who else sold fireworks and said he too was not sure if AB 757 would serve any purpose.  He did mention he had a copy of the Nye County ordinance and said it spelled out the same things contained in AB 757.  He then added he felt it was a local issue, the counties should be able to develop their own ordinance to cover the safety issues and AB 757 was superfluous.

 

Mrs. Segerblom asked if Mrs. Chowning knew the bill was being discussed.  Chairman Garner said no, but Mrs. Chowning was the one who had given him the information regarding California's jurisdiction and he found out Nevada did not enjoy the same status.

 

The discussion on AB 757 ended.

 

SENATE BILL NO. 23 -    Establishes two-tiered system of forecasting future state revenues to assist in providing balanced state budget.

 

Chairman Garner introduced a proposed amendment (Exhibit D) to SB 23 and asked if anyone had any questions.

 

      ASSEMBLYMAN McGAUGHEY MOVED AMEND & DO PASS ON SB 23.

 

      ASSEMBLYMAN HETTRICK SECONDED THE MOTION.

 

In further discussion, Mrs. de Braga said she was still very concerned about the language requiring all decisions to be based on the recommendations of the economic forum rather than using the forum as an advisory board.  She said she would be voting against the bill if the language remained.

 

      THE MOTION CARRIED.           (MRS. de BRAGA, MRS. KENNY AND MR. BACHE VOTED NO)

 

ASSEMBLY BILL NO. 174 -Makes various changes to provisions governing meetings of public bodies.

 

Chairman Garner told the committee if AB 174 was amended to restore the noticing period to three days, the bill would go to a conference committee for a decision.

 

Dana Bennett explained the proposed amendments (Exhibit E) to the committee.

 

A committee discussion took place regarding the proposed changes; various notes taken by individual assemblyman which did not appear to have been resolved by the amendments; recording closed meetings; and Mr. Bennett's suggestion to delete the entire bill, retaining only the last item of the proposed amendments.

 

      ASSEMBLYMAN BENNETT MOVED TO AMEND AND DO PASS AB 174 AS SUGGESTED.

 

      ASSEMBLYMAN LAMBERT SECONDED THE MOTION.

 

In further discussion, Mr. McGaughey moved to amend the main motion to be more inclusive.  More discussion ensued regarding what should be retained in the bill: would it be permissive or mandatory; and if mandatory, would there be a fiscal impact.

 

Mr. McGaughey's motion failed to be seconded.  More discussion followed as committee members voiced what they would like to see in the bill.

 

Mr. Ernaut then asserted he would not vote on Mr. Bennett's motion, stating his reasons why.  More discussion followed.

 

Mr. Bennett said the intent of the motion was to get the bill moving.  Mr. McGaughey suggested resolving the issues or letting the bill stay in committee rather than sending it to a conference committee.

 

      THE MOTION DID NOT CARRY.      (MR. BACHE, MR. BENNETT, MRS. LAMBERT AND MR. NEIGHBORS VOTED YES)

 

SENATE BILL NO. 370 -   Makes various changes relating to Administrative Procedure Act.

 

Chairman Garner explained the proposed amendment (Exhibit F) and told the committee he supported the exclusion of both the University of Nevada system and the State Engineer from the Administrative Procedure Act.

 

      ASSEMBLYMAN FREEMAN MOVED TO AMEND & DO PASS SB 370.

 

      ASSEMBLYMAN HETTRICK SECONDED THE MOTION.

 

      THE MOTION CARRIED.           (MRS. AUGUSTINE VOTED NO)

 

ASSEMBLY BILL NO. 758 -Authorizes issuance of state securities for savings or college savings investment.

 

Mr. Bennett said he had met with the State Treasurer, the problems had been resolved, therefore, he was recommending passage of AB 758.

 

      ASSEMBLYMAN BENNETT MOVED DO PASS ON AB 758.

 

      ASSEMBLYMAN McGAUGHEY SECONDED THE MOTION.

 

      THE MOTION CARRIED UNANIMOUSLY.

 

In further business, Mrs. Lambert said the amendments to AB 461 were not ready, delaying subsequent discussion.

 

ASSEMBLY BILL NO. 592 -Adjusts governmental fees to correspond to purchasing power.

 

Mr. Garner explained the proposed amendment to the committee.

 

Mrs. Augustine referenced a letter from the Clark County Justice Court regarding Section 6.  She was curious to know what the Nevada Association of Counties had done with Section 6.

 

Robert Hadfield, Executive Director, Nevada Association of Counties, answered he had the authority of the Judges Association to say the association was in support of the amendment to AB 592.  In addition, they did not support the one letter written by one judge.

 

Mrs. Augustine then asked what had been done to the fees in Section 6.

 

Michelle Bero, Nevada Association of Counties, stepped through the fee proposals, utilizing Exhibit G, and explained the amendments.

 

      ASSEMBLYMAN McGAUGHEY MOVED AMEND & DO PASS ON AB 592.

 

      ASSEMBLYMAN de BRAGA SECONDED THE MOTION.

 

      THE MOTION CARRIED UNANIMOUSLY.

 

There being no further business to come before committee, the meeting was adjourned at 10:32 a.m.

 

 

      RESPECTFULLY SUBMITTED:

 

 

                             

      BETTY WILLS

      Committee Secretary

 

 

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Assembly Committee on Government Affairs

June 22, 1993

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