MINUTES OF THE
SENATE COMMITTEE ON GOVERNMENT AFFAIRS
Sixty-seventh Session
February 22, 1993
The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 2:04 p.m., on Monday, February 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 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
OTHERS PRESENT:
Cheryl Lau, Secretary of State, Office of the Secretary of State
Larry L. Wisbeck, Chief Deputy Secretary of State, Office of
the Secretary of State
Dale A. R. Erquiaga, Deputy Secretary for Elections, Office of
the Secretary of State
Frank Barker, Captain, Legislative Liaison, Las Vegas Metropolitan
Police Department
Chairman O'Connell asked the record to reflect Senator Rhoads absent and excused. She indicated the next order of business was a request to have SENATE BILL (S.B.) 150 withdrawn, she stated this had come from the original requestor. At this time Chairman O'Connell stated she would accept a motion to indefinitely postpone S.B. 150.
SENATE BILL 150: Authorizes annexation of portion of unincorporated town by city under certain circumstances if annexation is approved by governing body of unincorporated town.
(BDR 21-951)
SENATOR NEVIN MOVED TO INDEFINITELY POSTPONE S.B. 150.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RHOADS WAS ABSENT FOR THE VOTE.)
* * * * *
Chairman O'Connell opened the meeting to testimony on Assembly Bill (A.B.) 13.
ASSEMBLY BILL 13:Exempts automobiles used by investigators of securities division of office of secretary of state from requirements of being labeled as property of state and being furnished with distinguishing license plates. (BDR 27-563)
Cheryl Lau, Secretary of State, Office of the Secretary of State, testified on the importance of A.B. 13 and cited the reasons it was requested by her office. She stated the measure would allow the staff of the Secretary of State's Office to join designated investigators in using unmarked State Motor Pool vehicles. Ms. Lau said although her agency is not a police agency, the need for undercover capacity arises in about 30 percent of the cases handled by her staff. She listed several situations which frequently occur, where undercover status would be invaluable to her investigators. A sampling of her list was the ability to perform audits with the element of surprise, and, to solicit investment information.
Ms. Lau indicated other agency investigators using unmarked cars to assist their work are: Agriculture, Attorney General, District Attorney's Office, Gaming Commission, juvenile officers, Police Departments and Public Administrator's Offices. She pointed out that in marked vehicles, investigators must park blocks from an intended location in order to keep the element of surprise, but this oftentimes entails carrying large cumbersome audit books.
In response to Senator O'Connell's comment as to why there is a necessity to supply the investigators with a car, Ms. Lau said:
We are not supplying them with a car, we are giving them the opportunity to use an unmarked vehicle from motor pool....usually they use marked vehicles.
Senator Callister offered his involvement in matters such as mentioned by Ms. Lau, called for investigators to go to an intended location many times. The situation of "going undercover" involves the presentation and demeanor of assuming a role, for instance, that of a potential investor. Commenting further, Senator Callister stated:
I would invite the secretary to characterize the nature of the securities frauds...this may be helpful to members of the committee to get a grip on what we are talking about. There is an enormous amount of obligation placed on our state's securities investigators, they are really the only ones out there...doing [handling] a lot of this white collar crime. Local police departments are so over burdened if...they [the securities investigators] did not do it, it would go untended, and with our burgeoning senior population, I think this will be a repeating theme...I think our current secretary of state has focused on that.
Ms. Lau expounded on Senator Callister's comments. She gave examples where investigators pose as husband and wife in cases where fraudulent companies are attempting to swindle the citizens of Nevada.
Senator Nevin mentioned the impracticality of providing insurance for private vehicles, rather than just making use of State Motor Pool vehicles, for investigatory services.
Responding to Senator Hickey, Ms. Lau stated, "...the Secretary of State's Office would be exclusively using State Motor Pool vehicles."
Larry L. Wisbeck, Chief Deputy Secretary of State, echoed his agreement with Ms. Lau's comments.
Chairman O'Connell closed the hearing on A.B. 13 and opened the meeting to testimony on A.B. 34.
ASSEMBLY BILL 34:Revises provisions concerning time in which notice of intention to become candidate for town board must be filed if proposals for town board form of government is submitted to electors for approval. (BDR 21-545)
Ms. Lau introduced Dale A. R. Erquiaga, Deputy Secretary for Elections, Office of the Secretary of State. Ms. Lau testified that if a town board type of government is going to be voted on, there must be a specific filing time to place candidates on the same ballot. Currently, the town board candidates must file 30 days before the general election. This provision would serve to standardize the filing deadlines. Also, she added, it distinguishes between a special election and a regular election. Ms. Lau added this measure would not change the 30-day time limit of special elections, but for the general election it would change the requirement of filing by the second Tuesday in May, so everyone files by the same date. Also, passage of the bill would aid the county clerks in carrying out administrative functions.
The hearing on A.B. 34 was closed and the meeting was opened to testimony on A.B. 35.
ASSEMBLY BILL 35:Revises provisions governing repossession of real property held for use and benefit of metropolitan police department. (BDR 22-432)
Frank Barker, Captain, Legislative Liaison, Las Vegas Metropolitan Police Department, stated this measure would correct the deficiencies in the language of Nevada Revised Statues (NRS) 280. Captain Barker said real property has been acquired for use by the Las Vegas Metropolitan Police Department for the purposes of the communication center, firearm range, northeast area command post, search and rescue operations, and the training center. However, the property must be titled to the City of Las Vegas or to Clark County, since the police have not been able to own property since the consolidation in 1973.
A.B. 35 would protect the department from the city or county ever taking property acquired since 1973. Captain Barker testified only property held by the department prior to the merger of 1973, may be taken for use by the other entities.
Captain Barker concluded by saying it is in Las Vegas Metropolitan Police Department's interest to ensure subsection 2 of NRS 280.350 applies to all real property used by the department.
Senator O'Connell asked Captain Barker if there would be any reason not to lease the buildings they need, rather than to purchase the property. Captain Barker indicated most all of the property the department has at present, was previously owned by the city or county. At this time, the department leases the facility housing the crime lab and evidence vault.
In response to Senator Nevin's question regarding what is done with property the department no longer uses, Captain Barker said the statutes provide for the Fiscal Affairs Committee to return the property to either the city or county.
Senator Hickey questioned the makeup of the Fiscal Affairs Committee. Captain Barker answered there are two Clark County Commissioners, two commissioners from the City of Las Vegas and a mutually appointed individual.
Captain Barker submitted his comments in the form of written request for bill draft from a local government, referenced as Exhibit C.
There being no further business, Chairman O'Connell adjourned the meeting at 2:20 p.m.
RESPECTFULLY SUBMITTED:
Ricka Benum,
Committee Secretary
APPROVED BY:
Senator Ann O'Connell, Chairman
DATE:
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Senate Committee on Government Affairs
February 22, 1993
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