MINUTES OF THE
SENATE COMMITTEE ON GOVERNMENT AFFAIRS
Sixty-seventh Session
January 22, 1993
The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 10:50 a.m., on Friday, January 22, 1993, in Room 227 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Senator Ann O'Connell, Chairman
Senator Sue Lowden, Vice Chairman
Senator William J. Raggio
Senator Dean A. Rhoads
Senator Thomas J. Hickey
Senator Leonard V. Nevin
Senator Matthew Q. Callister
GUEST LEGISLATORS PRESENT:
Assemblyman P.M. "Roy" Neighbors
Assemblyman John C. Carpenter
STAFF MEMBERS PRESENT:
Caren Jenkins, Senior Research Analyst
Diane Gamble, Committee Secretary
Ricka Benum, Committee Secretary
OTHERS PRESENT:
David R. Gamble, District Judge, Department 1, Ninth
Judicial District, Minden, representing the Nevada
District Judges Association
Michele Bero, Nevada Association of Counties
Robert L. Auer, Deputy Attorney General, Office of the
Attorney General
Arthur Wehrmeister, Nye County District Attorney.
Jonathan Andrews, Chief Deputy Attorney General, Office of the
Attorney General
Marrietta Grass, Chief Financial Officer, Officer of the
Attorney General
Cecilia Colling, Deputy Director, Division of Economic Development
Chairman O'Connell distributed copies of the bill draft requests (BDRs) to be considered for committee introduction.
BILL DRAFT REQUEST 18-529: Expands authority of Nevada equal rights commission to issue subpoenas.
SENATOR RHOADS MOVED FOR COMMITTEE INTRODUCTION OF
BDR 18-529.
SENATOR LOWDEN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAGGIO AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
BILL DRAFT REQUEST 31-238: Requires school district to include in its budget appropriation for un-
reserved general fund balances.
SENATOR RHOADS MOVED FOR COMMITTEE INTRODUCTION OF
BDR 31-238.
SENATOR LOWDEN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAGGIO AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
BILL DRAFT REQUEST 31-757: Allow payment of certain losses from reserve for statutory contingency account.
SENATOR RHOADS MOVED FOR COMMITTEE INTRODUCTION OF
BDR 31-757.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAGGIO AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
BILL DRAFT REQUEST 18-498: Makes various changes relating to certain accounts maintained for use by office of the secretary of state.
SENATOR RHOADS MOVED FOR COMMITTEE INTRODUCTION OF
BDR 18-498.
SENATOR LOWDEN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS RAGGIO AND CALLISTER WERE ABSENT FOR THE VOTE.)
* * * * *
Chairman O'Connell requested the secretary to call the roll, then opened the hearing to public testimony. She informed the committee the proponents of S.B. 24 were in route from Tonopah, Nevada, and asked for testimony from those opposing the measure.
SENATE BILL 24: Establishes venue for enforcement by attorney general of certain provisions relating to meetings of public bodies.
David R. Gamble, District Judge, Department 1, Ninth Judicial District, Minden, spoke in opposition to S.B. 24 on behalf of the Nevada District Judges Association. Judge Gamble expressed concern this measure would allow the Office of the Attorney General (AG) to make the decision where an open meeting law violation is filed.
Judge Gamble explained the issue originated over alleged meeting law violations involving the Nye County Board of Commissioners. The AG filed the case in Carson City and the Nye County Board of Commissioners moved for change of venue to Tonopah. Judge Michael R. Griffin, First Judicial District, Carson City, agreed with the AG. This decision was reversed by the Supreme Court in Board of Nye County Commissioners v. Del Papa and ruled the case should be filed where the act took place. Continuing, Judge Gamble stated the Supreme Court also pointed out Chapter 13 of Nevada Revised Statutes controls venue.
Further, Judge Gamble stated historically, a plaintiff has never been allowed to determine where a lawsuit should take place. He pointed out that allowing the AG to file violation cases in Carson City would require time and travel expense to be incurred by witnesses, to accommodate the AG.
In a brief discussion with Senator Raggio, Judge Gamble commented the AG may be uncomfortable with "hometown" situations occurring in rural courts. Senator Raggio explained this to mean that judges' rulings could possibly influence future budgets, since county commissions customarily control the operation of rural court systems. In Judge Gamble's opinion, statutory change is not the method that should be used to address concerns regarding rural judges' conduct. Further, he suggested amending S.B. 24 by deleting the first sentence of paragraph 2, (lines 14 through the middle of line 16.)
Michele Bero, representing Nevada Association of Counties, expressed agreement with Judge Gamble's comments and requested the record to reflect the same.
Robert L. Auer, Deputy Attorney General, Office of the Attorney General, explained the 1977 Legislature charged the Office of the Attorney General with the duty of enforcing the open meeting law. He stated S.B. 24 would allow for the choice, to either file a case in the county where an alleged violation occurred, or in Carson City.
Mr. Auer stated S.B. 24 would enable the Office of the Attorney General to establish a neutral forum for cases of open meeting law violations.
Assemblyman P.M. "Roy" Neighbors, Assembly District No. 36, voiced opposition to S.B. 24 and introduced Arthur Wehrmeister, Nye County District Attorney, one of the requesters of the bill.
Mr. Wehrmeister expressed objection to giving sole discretion of venue to the Office of the Attorney General in meeting law cases. He cited this would inflict added financial and other burdens on rural officials in order to participate actively, should an open meeting law case arise.
Assemblyman John C. Carpenter, Assembly District No. 33, echoed the comments of Assemblyman Neighbors and Mr. Wehrmeister, opposing
S.B 24.
Chairman O'Connell submitted for the record a copy of a letter dated January 21, 1993, to Senator Mike McGinness, from Steve E. Evenson, Caliente City Attorney, on behalf of the City of Caliente stating opposition to S.B. 24. (See Exhibit C.)
SENATE BILL 25: Clarifies requirement that each state agency to which deputy attorney general has been assigned shall pay his salary and certain other expenses related to services he has rendered.
(BDR 18-976)
Jonathan Andrews, Chief Deputy Attorney General, Office of the Attorney General, supported S.B. 25. Mr. Andrews informed the committee this measure was initiated by his agency and would require each state agency that receives services from the AG to be charged for those services. There are currently 26 agencies not being charged for legal services (listed in Exhibit D.)
Mr. Andrews stated the measure was not intended to create any additional funding mechanism for the AG.
Senator Raggio questioned the language changes in subsection 2 of S.B. 25. Mr. Andrews indicated those changes were made by the bill drafters, and not at his request.
Marrietta Grass, Chief Financial Officer, Officer of the Attorney General, stated the method of funding for the AG will be modified to accommodate the federal requirement to better account for expenditures of federal funds. She explained this demands an actual time basis accounting of each state agency's use of the AG services, whether or not it receives federal funds.
Chairman O'Connell expressed concern as to whether the state agencies affected have provided for this in their projected budgets. Also, the fact that this information would not be available until after the budget is announced.
SENATE BILL 26: Eliminates requirement that commission on economic development publish an industrial directory. (BDR 18-538)
Cecilia Colling, Deputy Director, Division of Economic Development, supported S.B. 26 and explained the purpose of this measure would serve to delete the requirement of providing a regularly revised industrial directory for the state, by her division.
Ms. Colling stated presently the statutes require her agency to contract an individual to obtain information from the Employment Security Department (ESD) and compile the directory. She pointed out the directory is not being produced in a cost-effective manner and is often times inaccurate and outdated before it is published.
According to Ms. Colling, the Division of Economic Development has requested another bill proposing to alleviate the confidentiality requirement of ESD files, which would allow them to provide accurate information. She indicated the change in procedure would be more efficient.
In answer to questions from Chairman O'Connell, Ms. Colling indicated the present cost to be approximately $50,000 every 2 years.
Ms. Colling said she worked with administrators of ESD in developing the proposed language and they were in agreement with the proposals. The committee requested testimony from ESD either in writing or appearance.
Chairman O'Connell closed the hearing on S.B. 26.
There being no further business from the committee, the meeting was adjourned.
Ricka Benum,
Committee Secretary
APPROVED BY:
Senator Ann O'Connell, Chairman
DATE:
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Senate Committee on Government Affairs
January 22, 1993
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