MINUTES OF THE
SENATE COMMITTEE ON GOVERNMENT AFFAIRS
Sixty-seventh Session
January 29, 1993
The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 11:35 a.m., on Friday, January 29, 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 Thomas J. Hickey
Senator Leonard V. Nevin
Senator Matthew Q. Callister
COMMITTEE MEMBERS ABSENT:
Senator Dean A. Rhoads (Excused)
STAFF MEMBERS PRESENT:
Caren Jenkins, Senior Research Analyst
Ricka Benum, Committee Secretary
Tanya Morrison, Committee Secretary
OTHERS PRESENT:
Cecilia Colling, Deputy Director, Division of Economic Development, Commission on Economic Development
James Hanna, Chief of Research, Research Section, Employment Security Department
Chairman O'Connell called the meeting to order and roll was called by the secretary. The chairman announced the first order of business would be consideration of committee introduction of bill draft requests (BDRs).
BILL DRAFT REQUEST 23-471: Increases number of members of personnel commission and abolishes employee-management committee.
SENATOR RAGGIO MOVED FOR COMMITTEE INTRODUCTION OF
BDR 23-471.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RHOADS WAS ABSENT FOR THE VOTE.)
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BILL DRAFT REQUEST 18-497: Revises powers and duties of state controller.
SENATOR RAGGIO MOVED FOR COMMITTEE INTRODUCTION OF
BDR 18-497.
SENATOR CALLISTER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RHOADS WAS ABSENT FOR THE VOTE.)
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BILL DRAFT REQUEST 31-310: Eliminates requirement that county treasurer using automated accounting system issue all receipts in triplicate.
SENATOR RAGGIO MOVED FOR COMMITTEE INTRODUCTION OF
BDR 31-310.
SENATOR CALLISTER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RHOADS WAS ABSENT FOR THE VOTE.)
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Senator Raggio informed the committee there were several BDRs delivered to his office, that resulted from the interim study mandated by Senate Concurrent Resolution (S.C.R.) 2 of the Sixty-sixth Session, that would be heard by the Senate Committee on Government Affairs. He requested the BDRs be obtained and considered for committee introduction during the meeting.
SENATE CONCURRENT RESOLUTION 2 OF
THE SIXTY-SIXTH SESSION: Directing the Legislative Commission to conduct an interim study of the feas-ibility of privatizing the provision of governmental services.
Chairman O'Connell indicated her intention to move on to the work session portion of the meeting.
SENATE BILL 24: Establishes venue for enforcement by attorney general of certain provisions relating to meetings of public bodies.
Chairman O'Connell recapped the testimony heard on Senate Bill (S.B.) 24 and asked for any comments from the members.
SENATOR HICKEY MOVED TO INDEFINITELY POSTPONE
S.B. 24.
SENATOR NEVIN SECONDED THE MOTION.
Senator Callister stated he would support the motion, however, recalling there was to be corrective language submitted that would address concerns of ambiguity concerning venue.
Chairman O'Connell informed the members that representatives from the Office of the Attorney General (AG) requested that S.B. 24 not be amended. If the bill was not going to be passed as written, they preferred not to have the current statute weakened.
THE MOTION CARRIED. (SENATOR RHOADS WAS ABSENT FOR THE VOTE.)
* * * * *
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.
Senator Raggio reminded the committee input had been requested regarding the fiscal impact of S.B. 25, and referred to the memo dated January 28, 1993, from Dan Miles, Senate Fiscal Analyst, (Exhibit C). Senator Raggio concurred with Mr. Miles suggestion to re-refer S.B. 25 to the Senate Standing Committee on Finance.
SENATOR RAGGIO MOVED TO RE-REFER S.B. 25 TO THE SENATE STANDING COMMITTEE ON FINANCE.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RHOADS WAS ABSENT FOR THE VOTE.)
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SENATE BILL 26: Eliminates requirement that commission on economic development publish an industrial directory.
SENATOR HICKEY MOVED TO DO PASS S.B. 26.
SENATOR NEVIN SECONDED THE MOTION.
The chairman advised the committee verification was requested from the Employment Security Department of willingness to assume the duties of publishing the directory, currently being provided by the Division of Economic Development. According to Chairman O'Connell, there had been a misunderstanding between the two agencies and called attention to the memo dated January 27, 1993, from Cecilia Colling, Deputy Director, Division of Economic Development, (Exhibit D).
Senator Hickey requested agreement from Senator Nevin to withdraw the motion. There was no objection from Senator Nevin.
SENATOR HICKEY WITHDREW HIS MOTION TO DO PASS S.B. 26.
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Cecilia Colling, Deputy Director, Division of Economic Development, Commission on Economic Development, corrected the figure she had given in earlier testimony for the cost of publishing the directory. She stated the cost is $15,000, rather than $50,000.
Ms. Colling testified her division would like to be relieved of the duty of providing the industrial directory, no matter what the outcome of the proposed statute change regarding the confidentiality restriction on Employment Security Department (ESD) files.
James Hanna, Chief of Research, Research Section, Employment Security Department, told the committee his department could produce the directory at virtually no additional cost. He explained in essence, ESD already provides this information to the Division of Economic Development. Mr. Hanna expounded on the specific wording in Nevada Revised Statute (NRS) 612.265 which protects the confidentiality data and prohibits ESD from releasing information except for general data regarding employers to the Division of Economic Development. The other proposed measure, which is still in the bill draft stage referred to by Ms. Colling would clarify the language to allow ESD to release information such as employer name, address, industrial code and size of employment.
SENATOR NEVIN MOVED TO DO PASS.
Senator Raggio suggested the committee hold S.B. 26 and take no action until the bill draft pertaining to ESD's confidentiality restrictions is introduced.
Senator Nevin indicated he had no problem with holding action on the bill as suggested by Senator Raggio. Senator Nevin deferred to Senator Raggio's request to postpone taking action on S.B. 26.
Senator Lowden requested a copy of the industrial directory from Ms. Colling.
SENATE BILL 49: Revises procedure for payment of claim from state treasury made pursuant to legislative appropriation or authorization.
Chairman O'Connell outlined previous testimony on S.B. 49. She then referred to the proposed amended language submitted by Darrel R. Daines, State Controller, (Exhibit E).
During the discussion that followed, Senator Raggio clarified the reason for amending the effective date of S.B. 49 was to allow concurrence with federal acts that will become effective in June of 1993. It was the understanding of the committee, this measure would eliminate the state from paying interest to the federal government on federal funds received, but not immediately dispersed.
SENATOR RAGGIO MOVED TO AMEND AND DO PASS.
SENATOR CALLISTER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY AND RHOADS WERE ABSENT FOR THE VOTE.)
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Chairman O'Connell asked the committee if they were prepared to act on S.B. 55.
SENATE BILL 55: Increases salary of members of board of trustees of Airport Authority of Washoe County.
SENATOR NEVIN MOVED TO DO PASS.
SENATOR CALLISTER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY AND RHOADS WERE ABSENT FOR THE VOTE. SENATOR RAGGIO ABSTAINED FROM THE VOTE.)
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SENATE BILL 52: Allows constitutional officers to submit budgets directly to legislature.
Caren Jenkins, Senior Research Analyst, Research Division, Legis-lative Counsel Bureau, reported to the committee results of an informal survey done at the request of Chairman O'Connell. Ms. Jenkins said she made inquiries as to whether other states' constitutional officers submit their budgets directly to the legislature. The western states she contacted and received responses from were: Arizona, California, Idaho, Utah and Washington.
The budgets of those states are reviewed, may be modified by, and are presented as a part of the governor's budget. However, the budgets in those states go through an executive branch budget office, similar to the current system in Nevada. Continuing, she said the State of Utah has a provision which restricts the governor from modifying the elected officers requests.
In response to a question from Senator Callister, Ms. Jenkins stated of the six states she contacted, no constitutional officers submit their budgets directly to the legislature.
There were no further comments to S.B. 52 and Chairman O'Connell moved on to the committee introductions of the BDRs Senator Raggio had referenced earlier. He explained the BDRs were a result of the recommendations of the interim study mandated by SCR 2 of the 1991 Session, Feasibility of Privatizing Provision of Governmental Services.
The committee chose to act on the several bill drafts as a package, under one general motion.
BILL DRAFT REQUEST 28-646: Clarifies authority of public bodies to advertise for bids on certain public works.
BILL DRAFT REQUEST R-645: Directs Department of Data Processing to conduct study of feasibility of consolidating state center for data processing.
BILL DRAFT REQUEST 27-644: Establishes procedure for preparation of request for contract for certain services required by legislature.
BILL DRAFT REQUEST 27-642: Requires chief of purchasing division of department of general services to establish certain standards to be
used by state agencies when purchasing new equipment.
BILL DRAFT REQUEST 27-641: Requires chief of purchasing division of department of general services to establish criteria for state agency to use in determining whether to contract with private contractor to provide services furnished by agency.
BILL DRAFT REQUEST 18-640: Requires consideration of certain previous criminal conduct in determining eligibility of potential contractor for certain state contracts.
BILL DRAFT REQUEST 18-639: Establishes requirements for awarding contract to private contractor for service provided by state agency.
BILL DRAFT REQUEST 19-638: Makes various changes relating to department of data processing.
BILL DRAFT REQUEST 23-637: Requires state board of examiners to evaluate contracts it approves.
BILL DRAFT REQUEST 23-636: Limits authority of department of transportation to enter into certain contracts without approval of state board of examiners.
BILL DRAFT REQUEST 27-635: Requires certain state agencies to obtain approval of department of personnel before purchasing any computer software used for preparation of payroll.
SENATOR RAGGIO MOVED FOR COMMITTEE INTRODUCTION OF THE AFOREMENTIONED BILL DRAFTS.
SENATOR LOWDEN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS HICKEY AND RHOADS WERE ABSENT FOR THE VOTE.)
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There being no further business, the meeting was adjourned.
RESPECTFULLY SUBMITTED:
Ricka Benum,
Committee Secretary
APPROVED BY:
Senator Ann O'Connell, Chairman
DATE:
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Senate Committee on Government Affairs
January 29, 1993
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