MINUTES OF MEETING

      ASSEMBLY COMMITTEE ON GOVERNMENT AFFAIRS

 

      Sixty-seventh Session

      June 29, 1993

 

 

 

The Assembly Committee on Government Affairs was called to order by Chairman Val Z. Garner at 9:10 a.m., Tuesday, June 29, 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

      Mr. Lynn Hettrick

      Mrs. Erin Kenny

      Mrs. Joan A. Lambert

      Mr. James W. McGaughey

      Mr. Roy Neighbors

      Mrs. Gene W. Segerblom

 

     

COMMITTEE MEMBERS ABSENT:

 

      Mrs. Vivian L. Freeman  (Excused)

      Mr. Wendell P. Williams(Excused)

 

GUEST LEGISLATORS PRESENT:

 

      Senator Dean Rhoads, Northern Nevada Senatorial District

 

STAFF MEMBERS PRESENT:

 

      Dana Bennett, Research Analyst

 

OTHERS PRESENT:

 

      Jack Jeffries, Southern Nevada Building & Construction Trades Council; Barbara Campbell, Helms Construction; Pam Miller, Nevada Chapter of Associated General Contractors; Jess Paulk, TAB Contractors & AGC Board of Directors; Doug Busselman, Executive Vice President, Nevada Farm Bureau; Robert Hadfield, Executive Director, Nevada Association of Counties; Tom Brady, Executive Director, Nevada League of Cities; and Brooke Neilsen, Assistant Attorney General.

 

SENATE BILL NO. 376 -   Restricts preference given to certain contractors on public works.

 

Jack Jeffries, Southern Nevada Building & Construction Trades Council, testified under SB 376, in order for a joint venture to qualify for the 5 percent bidder's preference on public works projects, each of the partners had to be eligible.  The one exception was if a joint venture was put together for financial reasons, the partner providing the financial stability would be exempt as long as he did not place anyone on the job.  Page 2, subsection 6, items a through d, explained the exemptions.  Mr. Jeffries briefly described the problems which had been encountered in southern Nevada and said it would become worse if legislation was not enacted.

 

Barbara Campbell, Helms Construction, supported SB 376.

 

Pam Miller, Nevada Chapter of Associated General Contractors, said SB 376 had been a lengthy effort which the association totally supported and she urged the committee to do so also.

 

Jess Paulk, TAB Contractors and AGC Board of Directors, requested the committee to vote in favor of SB 376, saying the language was long overdue.

 

Mr. Hettrick said it appeared the bill was in conflict with SB 474, a bill which the committee had passed earlier.  He explained the conflict and asked how the conflict would be resolved.  Pam Miller answered there would an amendment to SB 474 to resolve the conflict when SB 376 was due for a second reading.

 

Mr. Hettrick explained his concern was the language in SB 474 was better than the language in SB 376, therefore he wanted to stick with that language.  Mr. Garner assured Mr. Hettrick the bill drafters would decide how to resolve the problem.

 

      ASSEMBLYMAN McGAUGHEY MOVED DO PASS ON SB 376.

 

      ASSEMBLYMAN BACHE SECONDED THE MOTION.

 

      THE MOTION CARRIED.           (MRS. SEGERBLOM WAS ABSENT AT TIME OF VOTE)

 

 

SENATE CONCURRENT RESOLUTION 50 -      Urges adoption of policies to avoid takings by governmental entities.

 

Senator Dean Rhoads, Northern Nevada Senatorial District, gave the committee the history behind the takings legislation, adding what SCR 50 would do at all levels of government throughout the state of Nevada.  In closing, he stated he did not know of any opposition to SCR 50.

 

Chairman Garner mentioned he had spoken to the Attorney General and it was his understanding she was in agreement with SCR 50.

 

Mrs. Segerblom asked if the takings which were currently underway could be stopped.  Senator Rhoads replied no, with explanation.

 

Doug Busselman, Executive Vice President, Nevada Farm Bureau,

urged passage of SCR 50 utilizing Exhibit C.

 

Robert Hadfield, Executive Director, Nevada Association of Counties, said SCR 50 was a good measure which would result in cooperation.  He pledged to carry out the provisions of the resolution, once passed.

 

Tom Brady, Executive Director, Nevada League of Cities, also pledged his support in implementing SCR 50, saying Madelyn Shipman had agreed to work with cities to put on workshops to educate his people.

 

Brooke Neilsen, Assistant Attorney General, indicated for the record, "The Attorney General also supports [SCR 50]."

 

      ASSEMBLYMAN HETTRICK MOVED TO ADOPT SCR 50.

 

      ASSEMBLYMAN de BRAGA SECONDED THE MOTION.

 

      THE MOTION CARRIED.

 

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

 

Chairman Garner said he had spoken to Senator Coffin and he understood processing the bill depended upon receipt of the amendment which he did not currently have.

 

Mr. Bache gave a detailed explanation of his meeting with Lorne Malkiewich and presented the proposed amendment (Exhibit D).  Regarding the foremost concern, he said Mr. Malkiewich had assured him if the language was changed from "person" to "employee," employees of the athletic commission would be exempt as they were independent contractors. 

 

Mrs. Augustine asked if a closed meeting had been inserted in Section 1, line 6.  A discussion followed and it was determined language should be included to address a closed meeting.

 

Dana Bennett explained, "By inserting the word 'closed' before the word 'meeting,' the qualifier, unless it is given written notice, would then only apply to a closed meeting.  So, another kind of meeting could be held, an open meeting, and there would not be the requirement to give the written notice to the person being discussed.  As I understood the intent of this particular subsection, it was no meeting could be held without written notice, whether it was open or closed."

 

A committee discussion then ensued and it was determined line 6 would remain as it was.

 

Further discussion by the committee as a whole took place regarding the amendments, concluding with Mrs. Augustine maintaining the word "closed" was still needed.

 

      ASSEMBLYMAN BACHE MOVED AMEND & DO PASS ON SB 174.

 

      ASSEMBLYMAN McGAUGHEY SECONDED THE MOTION.

 

In response to a question by Mrs. de Braga, further discussion took place regarding Page 3, Section 5, line 46.

 

Mrs. Augustine motioned to amend the main motion by adding "closed meeting" to Page 1, Section 1, subsection 2, line 6.  Mr. Hettrick seconded the motion.  After clarification by Mrs. Lambert, the motion did not carry.

 

      THE MOTION CARRIED.           (MRS. SEGERBLOM WAS NOT PRESENT FOR THE VOTE)

 

Chairman Garner told the committee he was expecting SB 381, an important bill they would take floor action on when it arrived.  He asked Mr. Hadfield to explain the bill to the committee.

 

SENATE BILL NO. 381 -   Requires specified additional source of revenue for local governments when new or increased program or service is required.

 

Robert Hadfield testified the bill decreed the state could not mandate programs, new or existing, on local government without identifying a specific revenue source.  He further detailed the requirements of SB 381 and submitted Exhibit E, which can be found on file in the Research Library, Legislative Counsel Bureau.

 

The hearing on SB 381 was closed with no action taken.

 

There being no further business to come before committee, the meeting was adjourned at 9:55 a.m.

 

 

      RESPECTFULLY SUBMITTED:

 

 

                             

      BETTY WILLS

      Committee Secretary

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Assembly Committee on Government Affairs

June 29, 1993

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