MINUTES OF THE
SENATE COMMITTEE ON GOVERNMENT AFFAIRS
Sixty-seventh Session
March 5, 1993
The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 2:00 p.m., on Friday, March 5, 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 Leonard V. Nevin
Senator Matthew Q. Callister
COMMITTEE MEMBERS ABSENT:
Senator Thomas J. Hickey
GUEST LEGISLATORS PRESENT:
Senator Bob Coffin
STAFF MEMBERS PRESENT:
Caren Jenkins, Senior Research Analyst
Ricka Benum, Committee Secretary
OTHERS PRESENT:
Ande Engleman, Nevada State Press Association
Debbie Cahill, Nevada State Education Association
Robert Gagnier, Executive Director, State of Nevada Employees'
Association
Joan Kerschner, Director, State Librarian, State Library
and Archives
Robert van Straten, State Records Manager, State Library
and Archives
Jared E. Shafer, Public Administrator/Public Guardian,
Clark County
Donald L. Cavallo, Public Administrator/Public Guardian,
Washoe County
John Adkins, Chief Deputy of Operations, Office of the
State Treasurer
Chairman O'Connell opened the meeting with testimony on Senate Bill (S.B.) 174, and invited Senator Coffin to address the committee first.
SENATE BILL 174: Makes various changes to provisions governing meetings of public bodies. (BDR 19-136)
Senator Coffin explained the bill was initiated after a controversial closed hearing of the University of Nevada System, Board of Regents. He stated, allegedly, a personnel session was held to discuss a board member not present at the meeting. S.B. 174 would prevent members of a public body from holding meetings to consider the character, alleged misconduct or competence of a person, unless the subject is given written notice. According to Senator Coffin, this would discourage members from "ganging up" on other elected members of public bodies in closed sessions.
Continuing, Senator Coffin said, if passed, the measure would require a public body to provide a copy of the record of a properly held closed meeting, to the subject, upon request. He told the committee amendments to S.B. 174 would be submitted to change the number of working days allowed to notify a subject of such personnel meetings. He stressed the importance of strengthening the open meeting law, and told the committee the bill would aid that achievement.
Senator Rhoads questioned what the penalty would be for failure to comply. Senator Coffin indicated he believed it to be a misdemeanor and deferred the question to the representative of the press association.
Ande Engleman, Nevada State Press Association, and Debbie Cahill, Nevada State Education Association (NSEA), submitted language to amend S.B. 174 (Exhibit C). Ms. Engleman cited the need to lengthen the number of days for notification of a public meeting. She indicated extending the time period from 3 to 5 days would allow for mailing delays and allow adequate time for people to schedule and plan to attend meetings.
Ms. Engleman testified the goal with the proposed language to page 1, line 12 of the bill was to work out a due process for the person being discussed. She indicated this portion of the amendment was originally brought up by NSEA.
In answer to Senator Rhoads' earlier question Ms. Engleman stated a violation of the open meeting law is regarded as a misdemeanor.
Robert Gagnier, Executive Director, State of Nevada Employees' Association, supported S.B. 174.
Mr. Gagnier voiced further support for the amendments submitted and stated, "Anything that will open public bodies...to public scrutiny is good for government."
Chairman O'Connell closed the hearing on S.B. 174 and opened the hearing on S.B. 173.
SENATE BILL 173: Make various changes relating to state records. (BDR 19-555)
Joan Kerschner, Director State Librarian, State Library and Archives, told the members of the committee S.B. 173 would streamline and improve the record scheduling of state government records. Ms. Kerschner stated the measure would relieve the task of final approval from the State Board of Examiners and provide for a specialized committee to give formal review and approval of records retention schedules. She indicated the board is overburdened and not trained in the review of records.
Robert van Straten, State Records Manager, State Library and Archives reiterated the goal to streamline the process of approving the records retention schedules for state agencies. Mr. van Straten added the measure would help to alleviate the congested workload of the State Board of Examiners. The current process for approving record schedules and the revisions proposed in S.B. 173 were outlined by Mr. van Straten, and submitted in written form. Please refer to Exhibit D.
The hearing was closed on S.B. 174 and the chairman opened the meeting to testimony on Assembly Bill (A.B.) 70.
ASSEMBLY BILL 70:Makes various changes regarding investment of estates by public administrator or public guardian. (BDR 20-218)
Jared E. Shafer, Public Administrator/Public Guardian, Clark County, outlined the framework of A.B. 70. Mr. Shafer stated the bill would allow all funds held in trust to be consolidated and invested by public administrators. Mr. Shafer testified the public administrators would continue to take care of the needs of clients, while making money for the county. He explained the process would involve consolidating all the funds held, investing them at the highest rate available, then returning to each individual client the interest rate they would be able to acquire on their own, with any difference being added to the county general fund.
Donald L. Cavallo, Public Administrator/Public Guardian, Washoe County, echoed support of A.B. 70.
Senator Callister clarified the purpose would be to maximize the earnings on funds the county holds.
Mr. Shafer indicated that was correct, and explained the difference on the rate of interest the estate would make on its own, would be the amount the county would receive for the general fund. He pointed out it would work much the same as unclaimed property held by the state.
Senator Callister asked if there would be a procedure for disclosure to the estate. Mr. Shafer stated he did not perceive a problem with a disclosure procedure being put in place.
In answer to a question from Senator Raggio, Mr. Shafer stated the measure is patterned after the California guardianship laws.
Senator Rhoads expressed concern as to bad investments. Mr. Shafer told the committee public administrators are only allowed to invest in specific items as set out in Nevada Revised Statutes. He estimated at present this would generate about $25 a month, but ultimately it could make much more for the counties.
John Adkins, Chief Deputy for Operations, Office of the State Treasurer, indicated his office agreed with the concept of A.B. 70, but saw the need to define the method for deriving the amount to which a recipient is entitled.
After a brief general discussion, it was determined Mr. Adkins and Mr. Cavallo would cultivate language to amend the bill. The amendment would include wording to set out the specific method of deriving the amount a recipient is due after the combined investment practice.
Chairman O'Connell closed the hearing on A.B. 70 and announced the next order of business was committee introduction of bill draft requests (BDRs). She informed the committee of a request from Senator Mike McGinness for a senate joint resolution (S.J.R.), relating to the City of Caliente.
SENATOR NEVIN MOVED FOR COMMITTEE INTRODUCTION OF A SENATE JOINT RESOLUTION COMMENDING EFFORTS BY THE CITY OF CALIENTE TO ALLEVIATE THE HAZARD POSED BY A SINGLE CROSSING OF THE MAINLINE UNION PACIFIC RAILROAD AND URGING THE NEVADA PUBLIC SERVICE COMMISSION TO APPROVE PLANS BY THE CITY TO CONSTRUCT A SECOND AT-GRADE CROSSING.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR HICKEY WAS ABSENT FOR THE VOTE.)
* * * * *
The chairman produced a Resolution from the Board of Commissioners of Clark County (Exhibit E) requesting a bill draft that would allow the county to establish a taxing district for the purpose of financing the construction, operation and maintenance of new parks and recreation facilities.
SENATOR RHOADS MOVED FOR COMMITTEE INTRODUCTION OF A BILL DRAFT THAT WOULD ALLOW CLARK COUNTY TO ESTABLISH A PARK DISTRICT.
SENATOR CALLISTER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR HICKEY WAS ABSENT FOR THE VOTE.)
* * * * *
Chairman O'Connell stated Senator R. Hal Smith provided a resolution from the City Council of the City of Henderson (Exhibit F) requesting a bill draft that would amend the city's charter to
eliminate the 3-year residency requirement to run for elected office.
SENATOR CALLISTER MOVED TO REQUEST A BILL DRAFT TO AMEND THE HENDERSON CITY CHARTER TO ELIMINATE THE 3-YEAR RESIDENCY RESTRICTION TO RUN FOR OFFICE.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR HICKEY WAS ABSENT FOR THE VOTE.)
* * * * *
BILL DRAFT REQUEST 19-449: Authorizes public agency to provide public records to general public by means of computers and related electronic systems.
SENATOR CALLISTER MOVED FOR COMMITTEE INTRODUCTION OF
BDR 19-449.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR HICKEY WAS ABSENT FOR THE VOTE.)
* * * * *
BILL DRAFT REQUEST 31-691: Makes various changes relating to public investments.
SENATOR CALLISTER MOVED FOR COMMITTEE INTRODUCTION OF
BDR 31-691.
SENATOR NEVIN SECONDED THE MOTION.
In reviewing the draft, Senator Raggio suggested that whenever feasible, the requestor of a committee introduction of a bill draft, be in attendance to explain the purpose for the measure.
THE MOTION CARRIED. (SENATOR HICKEY WAS ABSENT FOR THE VOTE.)
* * * * *
BILL DRAFT REQUEST 35-887: Repeals requirements relating to notice of meetings of state park advisory commission which are supplementary to general requirements relating to notice of all meetings for public bodies.
Senator Raggio indicated the need for information on BDR 35-887 before moving forward with a committee introduction. He stated he was not comfortable with introducing language that would repeal meeting notices, and requested action be held until the requestors could explain the necessity for the measure.
Senator Callister requested the members to consider committee introduction of BDR 53-1803.
BILL DRAFT REQUEST 53-1803: Prohibit retaliatory disciplinary action against employee who testifies before legislative body.
Senator Raggio said it was his understanding federal law specifically addresses this issue and would preempt state law. He suggested delaying committee introduction of BDR 53-1803 in order to request the opinion of legislative counsel.
Senator Callister stated regardless of federal law, this measure would serve to invite participation in the legislative process by the citizens of Nevada.
Chairman O'Connell stated an opinion would be requested from legislative counsel as to how federal statutes apply to this issue.
There being no further business, Chairman O'Connell adjourned the meeting at 4:20 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
March 5, 1993
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