MINUTES OF THE

      SENATE COMMITTEE ON GOVERNMENT AFFAIRS

 

      Sixty-seventh Session

      March 15, 1993

 

 

 

The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 2:00 p.m., on Monday, March 15, 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 John Carpenter

 

STAFF MEMBERS PRESENT:

 

Caren Jenkins, Senior Research Analyst

Diana M. Gamble, Committee Secretary

 

OTHERS PRESENT:

 

Tom Grady, Nevada League of Cities

Wayne Howle, Attorney General's Office

 

 

Chairman O'Connell called the meeting to order and announced Senate Bill (S.B.) 154 would not be heard, but would be rescheduled.

 

SENATE BILL 154:  Revises provisions governing notice of hearing for proposed zoning changes.  (BDR 22-1133)

 

The chairman then opened the hearing on Senate Bill (S.B.) 256.

 

SENATE BILL 256:  Provides that contract with independent contractor representing state in court must require independent contractor to identify agency he represents in pleadings.  (BDR 23-1111)

 

Senator Rhoads testified in favor of S.B. 256.  He explained the bill came from the Legislative Committee on Public Lands.  The request for S.B.256 came after the attorney general had been asked by the Natural Resource Defense Council and the Natural Wildlife Association to represent them in court.  He said the attorney general represented them as their counsel, but instead of the pleadings stating the Natural Wildlife Association and the Natural Resource Defense Council as plaintiffs, they stated the "State of Nevada" as the plaintiff.  Senator Rhoads went on to explain the Department of Water Resources had a direct conflict in the lawsuit.   Seeing that the attorney general would be the the agency representing the Department of Water Resources, there was a need to identify the agency.  So, by specifically stating the agency which the attorney general would be representing in a matter, instead of using "State of Nevada" generally for all agencies, S.B. 256 would avoid any pleadings reading "State of Nevada versus State of Nevada" in lawsuits.  According to Senator Rhoads, during testimony to the Legislative Committee on Public Lands, the attorney general stated they would have not problem with the requirements in S.B. 256.

 

Chairman O'Connell asked if it was necessary to actually amend the statutes to require the attorney general to identify the agency it was representing in a lawsuit.  Senator Rhoads answered affirmatively adding the language in S.B. 256 would make it very specific what agency the attorney general was representing in any dispute.

 

Senator O'Connell closed the hearing on S.B. 256 and opened the hearing on Assembly Bill (A.B.) 160.

 

ASSEMBLY BILL 160:      Increases number of councilmen authorized in city of third class.  (BDR 21-258)

 

Assemblyman John Carpenter, Assembly District 33, spoke in favor of A.B. 160.  He told the committee the bill would make it permissive for a city of third class to have five council people rather than three.  He said A.B. 160 only applied to three communities in Nevada, Wendover, Mesquite and Ely.  Mr. Carpenter stated Ely had five council members at the present time, so A.B. 160 would ratify Ely's current policy.  He explained Wendover wanted to have five council people because in smaller communities there were not many staff people to cover the work needed for the council people, therefore, the council members had to basically do their own footwork on many issues.  Mr. Carpenter said Wendover and Mesquite support A.B. 160.  He added Wendover may try to have five councilmen in the 1993 Spring election.

 

Chairman O'Connell asked Mr. Carpenter the population of Wendover and Mesquite.  Mr. Carpenter answered Wendover's population was approximately 3,500, but he was not sure about the population of Mesquite.

 

Tom Grady, Nevada League of Cities, spoke in favor of A.B. 160.

 

Chairman O'Connell asked if the council members were paid for their public service.  Mr. Grady answered affirmatively guessing they were paid approximately $125 per councilman.  Senator O'Connell asked if the budgets of Wendover or Mesquite would be negatively affected by adding two more councilmen.  Mr. Grady replied he did not think there would be any budget problems in either city.

 

There being no further testimony on A.B. 160, Chairman O'Connell closed the hearing.  She informed the committee of two new bill draft requests (BDRs) which need committee introduction.

 

BDR R-271:  Directs Division of State Parks of State Department of Conservation and Natural Resources to assist persons and organizations interested in establishing nonprofit foundation for state parks.

 

BDR R-264:  Directs Division of State Parks of State Department of Conservation and Natural Resources to establish plans relating to state parks.

 

      SENATOR HICKEY MOVED FOR COMMITTEE INTRODUCTION OF BDR R-264 AND BDR R-271.

 

      SENATOR RHOADS SECONDED THE MOTION.

 

      THE MOTION CARRIED UNANIMOUSLY.

 

      * * * * *

 

 

There being no further business, the meeting was adjourned at 2:30 p.m.

 

 

 

                              RESPECTFULLY SUBMITTED:

 

 

 

                                                      

                              Diana Gamble,

                              Committee Secretary

 

 

 

 

APPROVED BY:

 

 

 

 

                                

Senator Ann O'Connell, Chairman

 

 

DATE:                           

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Senate Committee on Government Affairs

March 15, 1993

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