MINUTES OF THE
SENATE COMMITTEE ON GOVERNMENT AFFAIRS
Sixty-seventh Session
March 3, 1993
The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 2:00 p.m., on Wednesday, March 3, 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
STAFF MEMBERS PRESENT:
Caren Jenkins, Principal Research Analyst
Tanya Morrison, Committee Secretary
OTHERS PRESENT:
Mark Astin, Treasurer, Clark County
Guy Rocha, Administrator, Nevada State Archives and Records
Robert Van Straten, Managers, Nevada State Archives and Records
Tom Grady, Nevada League of Cities
Bill Bowden, Local Government Records Manager, Division of Archives and Records
Bill Greathouse, Records Consultant
Gary Crews, Auditor, Legislative Counsel Bureau
Brian Krolicki, Chief Deputy Treasurer, State of Nevada
Russ Fields, Executive Director, Nevada Department of Minerals
Marvin Leavitt, City of Las Vegas
Chairman O'Connell opened the hearing on Senate Bill (S.B.) 161.
S.B. 161: Eliminates requirement that county treasurer using automated accounting system issue all receipts in triplicate.
Mark Astin, Treasurer, Clark County, spoke in favor of S.B. 161. He stated the system in Clark County is a fully automated system. He explained this bill would allow his office to continue to operate in the automated environment they are in and move away from writing up receipts in triplicate by hand. He pointed out this is an old law that needs to be cleaned up.
Chairman O'Connell closed the hearing on S.B. 161 and opened the hearing on Senate Bill (S.B.) 171.
S.B. 171: Requires state librarian to adopt regulations to carry out program to establish and approve minimum period of retention for records of local government.
Guy Rocha, Administrator, Nevada State Archives and Records, spoke in favor of S.B. 171. He stated:
From our agency point-of-view this is basically a housekeeping bill. I would like to, being a historian and an archivist, provide a little background and history on this particular piece of legislation. It dates back to a legislative study produced in September of 1976 after a Senate Concurrent Resolution in 1975 authorized this study (Senate Concurrent Resolution (SCR) 30 of the Fifty-eighth Session). In the summary of recommendations it asked that local governments should be provided with more specific guidelines concerning what public documents and records should be retained and for what lengths of time. It also suggested at that time, in 1977, that the state archives should be staffed and funded to provide regular technical assistance to local governments. On the first we passed legislation in 1977 that through the use of regulations we would schedule local government records and the individual records would be scheduled in the regulations themselves. What we are asking today is that we change this particular law, amend it to allow us to establish in regulations procedures for scheduling records, but not to put the actual schedules in the law itself as it proves to be quite cumbersome. Mr. Van Straten will address that point-by-point. I would also want to say that in 1977 the recommendation that there be staffing and funding was not forthcoming at that time. I became the state archivist in 1981. I pursued a federal grant from the National Historical Publications and Records Commission that we produce the first records retention schedules at that time. In 1985 the legislature saw fit to finally support a position and in 1988 we produced the first Nevada Local Government Records Manual under the auspices of the State Library and Archives with Mr. Bill Bowden on our staff who serves, that function as represented in 1977. Now, what our basic problem is, is we will hope that upon hearing Mr. Van Straten's testimony you will be convinced that we do need to streamline this legislation for both economy and efficiency, so I will turn over the mike to Mr. Van Straten, my state records manager.
SCR 30 of the Fifty-eighth Session: Directing legislative commission to study the records retention procedures of local government.
Robert Van Straten, State Records Manager, State of Nevada, spoke to the committee in favor of S.B. 171. He gave the committee members a handout, Exhibit C from which he gave testimony.
Tom Grady, Nevada League of Cities, spoke in favor of S.B. 171. He stated the system now is extremely cumbersome and time consuming. He pointed out with more details worked out, everyone would be comfortable with this bill.
Bill Bowden, Local Government Records Manager, Division of Archives and Records was introduced. He explained one of the problems the division has in producing the local government records manual is that in fact it is a generic schedule. He noted these are the types of records which are likely to be found in all local governments. He stated there are many records which are found in various local governments which are not addressed in the manual, simply because the Division of Archives and Records has no way of knowing they have them. He explained his division feels the local governments should complete their own schedules and then the Division of Archives and Records could review the schedules for approval.
Chairman O'Connell asked if there was any effort being made to have a uniform schedule so all departments' terminology will match in the manual. Mr. Bowden told the committee the Division of Archives and Records would watch for the terminology when they review the proposed record retention schedules.
Bill Greathouse, Records Consultant, spoke in favor of S.B. 171. He gave the committee a copy of a memorandum he sent to Mr. Rocha in 1991 from which he took his testimony (Exhibit D). He told the committee he worked as the County Records Manager in Washington State for 4 years and he found records management on local levels tends to be reactive rather than proactive.
Chairman O'Connell closed the meeting on S.B. 171 and opened the meeting on Senate Bill (S.B.) 172.
S.B. 172: Makes various changes concerning certain funds.
Gary Crews, Auditor, Legislative Counsel Bureau, State of Nevada, spoke on S.B. 172. He told the committee this bill was a product of an audit done by the Board of Finance and the Department of Minerals. He explained this is just a cleanup bill. He iterated it was felt by the audit subcommittee that the statutes were outdated with regard to this issue. He told the committee sections 5 and 6 of the bill eliminate outdated statutes and he added the statutes deal with the Nevada Department of Minerals, whereas there was a fund for geothermal wells and he stated the fund is not being used. He explained all of the accounting is being done within a budget account within the General Fund, which he added, has functioned quite well and this bill will eliminate the reference to the fund and allow the department to continue to account for all of their activities within that budget account in the General Fund.
Brian Krolicki, Chief Deputy Treasurer, State of Nevada, spoke in favor of S.B. 172. He stated the last compliance audit done to the Board of Finance was in the mid 1970s. He explained the Governor is the chairman of the Board of Finance and he told the committee the Governor's Office assured him they are in agreement with this bill proposal.
Russ Fields, Executive Director, Nevada Department of Minerals, spoke in favor of S.B. 172. He told the committee he particularly supported sections 5 and 6 of this bill.
Chairman O'Connell closed the meeting on S.B. 172 and opened the work session. She opened the hearing on Senate Bill (S.B.) 26.
S.B. 26: Eliminates requirement that commission on economic development publish an industrial directory.
Chairman O'Connell told the committee this bill has some connection with a bill being held in the Senate Committee on Commerce and Labor and therefore it will be held until that committee has heard the associated bill.
Chairman O'Connell closed the hearing on S.B. 26 and opened the hearing on Senate Bill (S.B.) 51.
S.B. 51: Provides for incorporation of City of Moapa Valley by charter upon approval of qualified electors.
Senator Raggio told the members of the committee he would not feel comfortable taking action on any bill incorporating a city or any local government until he saw the financial survey feasibility study and the impact on other government entities. Senator Hickey stated that is the information the committee requested when they heard this bill previously.
Marvin Leavitt, City of Las Vegas, spoke to the committee regarding S.B. 51. He stated there are provisions in the law regarding how to set up a new city and particularly how it relates to petitions.
Chairman O'Connell closed the hearing on S.B. 51 and opened the hearing on Senate Bill (S.B.) 53.
S.B. 53 Requires certain state officers, departments and commissions to deposit money directly in financial institution designated by state treasurer.
Caren Jenkins, Principal Research Analyst, stated the Department of Wildlife did respond to this bill. She told the committee they state the volume of applications with attached personal checks, money orders and cashiers checks received and processed in a very short period of time necessitate the flexibility of a 10-day allowance. Ms. Jenkins explained the measure currently offers the department that 10 days and it was Mr. Gary Crews recommendation that the Department of Wildlife not be exempt from the deposit requirement. She stated the other amendment proposed was to change the deposit day from Monday to Thursday.
Senator Raggio stated he felt there is a disagreement between the Department of Wildlife and the auditors. He told the committee he felt they should hold the bill and request Mr. William Molini from the Department of Wildlife to get together with Gary Crews from the auditors office and have them discuss this issue and come to some agreement.
Chairman O'Connell closed the hearing on S.B. 53 and opened the hearing on Senate Bill (S.B. 90).
S.B. 90: Establishes policy and procedure for naming state property.
Senator Hickey stated he took in both Senator Raggio's and Senator Callister's remarks regarding this bill in a previous meeting. He explained he made some changes in the bill to accommodate everybody.
Senator Raggio told the committee he still had some problems with the bill and discussed these with Senator Hickey. Senator Hickey stated
he would get some of the wording cleaned up and then bring it back to committee. Senator Raggio said he would like to reserve judgement on this bill until he sees the proposed amendment.
Chairman O'Connell closed the hearing on S.B. 90 and opened the hearing on Senate Bill (S.B.) 109.
S.B. 109: Makes various changes relating to certain accounts maintained for use by office of the secretary of state.
Chairman O'Connell reminded the committee members Senator Nevin and Senator Hickey had a real concern with regard to page 2. Senator Nevin stated page 2 needed major changes on lines 1, 2, 3 and 4. Chairman O'Connell stated the state controller's office said they did not request the language on page 2.
Senator Raggio pointed out the committee had decided to hold this bill until they got some information from the controller.
Chairman O'Connell closed the hearing on S.B. 109 and opened the hearing on Senate Bill (S.B.) 140.
S.B. 140: Creates advisory committee to study consolidation of Clark County and Las Vegas.
Senator Nevin reminded the committee Jan Laverty-Jones, Mayor, Las Vegas, had asked the them to hold this bill.
Chairman O'Connell closed the hearing on S.B. 140 and opened the hearing on Senate Bill (S.B.) 145.
S.B. 145: Exempts reasonable agricultural activity from certain local ordinances concerning air pollution.
SENATOR RHOADS MOVED TO DO PASS S.B. 145.
SENATOR RAGGIO SECONDED THE MOTION.
Senator Nevin told the committee he would vote no on this bill because he is waiting for some more information which might change his mind about the bill.
In light of the forthcoming information, Senator Rhoads withdrew his motion and Senator Raggio withdrew his second to await the information on this bill.
Chairman O'Connell closed the hearing on S.B. 145 and opened the hearing on Senate Bill (S.B.) 154.
S.B. 154: Revises provisions governing notice of hearing for proposed zoning changes.
Chairman O'Connell stated they would reschedule this bill at a later date. She closed the hearing on S.B. 154 and opened the hearing on Senate Bill (S.B.) 157.
S.B. 157: Revises powers and duties of state controller.
Senator Hickey stated the attorney general's office was to be contacted regarding this bill and the committee had not heard from them yet.
Chairman O'Connell told the committee they would hold this bill for further information. She closed the hearing on S.B. 157 and opened the hearing on Senate Bill (S.B.) 165.
S.B. 165: Increases number of members of personnel commission and abolishes employee-management committee.
SENATOR RHOADS MOVED TO INDEFINITELY POSTPONE S.B. 165.
SENATOR LOWDEN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS CALLISTER, NEVIN AND HICKEY VOTED NO.)
* * * * *
Chairman O'Connell closed the hearing on S.B. 165 and opened the hearing on Assembly Bill (A.B.) 13.
A.B. 13: Exempts automobiles used by investigators of securities division of office of secretary of state from requirements of being labeled as property of the state and being furnished with distinguishing license plates.
SENATOR NEVIN MOVED TO DO PASS A.B. 13.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman O'Connell closed the hearing on A.B. 13 and opened the hearing on Assembly Bill ( A.B.) 34.
A.B. 34: Revises provisions concerning time in which notice of intention to become candidate for town board must be filed if proposal for town board form of government is submitted to electors for approval.
SENATOR HICKEY MOVED TO DO PASS A.B. 34.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman O'Connell closed the hearing on A.B. 34 and opened the hearing on Assembly Bill (A.B.) 35.
A.B. 35: Revises provisions governing repossession of real property held for use and benefit of metropolitan police department.
SENATOR RAGGIO MOVED TO DO PASS A.B. 35.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman O'Connell closed the hearing on A.B. 35 and reopened the hearing on S.B. 161.
S.B. 161: Eliminates requirement that county treasurer using automated accounting system issue all receipts in triplicate.
SENATOR NEVIN MOVED TO DO PASS S.B. 161.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman O'Connell closed the hearing on S.B. 161 and reopened the hearing on S.B. 171.
S.B. 171: Requires state librarian to adopt regulations to carry out program to establish and approve minimum period of retention for records of local government.
Senator Hickey clarified there was an amendment coming on this bill. He suggested they hold the bill until they get these amendments and work on the language.
Chairman O'Connell closed the hearing on S.B. 171 and reopened the hearing on S.B. 172.
S.B. 172: Makes various changes concerning certain funds.
SENATOR RAGGIO MOVED TO DO PASS S.B. 172.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
There being no further business, Chairman O'Connell adjourned the meeting at 3:20 p.m..
RESPECTFULLY SUBMITTED:
Tanya Morrison,
Committee Secretary
APPROVED BY:
Senator Ann O'Connell, Chairman
DATE:
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Senate Committee on Government Affairs
March 3, 1993
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