MINUTES OF THE
SENATE COMMITTEE ON GOVERNMENT AFFAIRS
Sixty-seventh Session
March 17, 1993
The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 2:00 p.m., on Wednesday, March 17, 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, Senior Research Analyst
Ricka Benum, Committee Secretary
OTHERS PRESENT:
Brian Hutchins, Deputy Attorney General, Transportation Division
David Edwards, Geographic Information Systems Manager, Clark County
Karen Kavanau, Director, Department of Data Processing
Pamela A. Case, Chief, Facility Management Division, Department
of Data Processing
Ande Engleman, Lobbyist, Nevada Press Association
Orland T. Outland, Reno, Nevada
Robert van Straten, State Records Manager, State Library
and Archives
Craig Thuet, Vice President, Advantage Online Services
Darcy Coss, Deputy Attorney General, representing the Department of
Motor Vehicles and Public Safety
Mike Alastuey, Clark County School District
Diana Vasey, Deputy for Investments, Office of the State Treasurer
Tom Tatro, Acting Administrator, Purchasing Division,
Department of General Services
Marvin Leavitt, Lobbyist, City of Las Vegas
Chairman O'Connell opened the hearing on Assembly Bill (A.B.) 29.
ASSEMBLY BILL 29:Provides exemption from fees charged by county recorder for notice of pendency of action in eminent domain filed by State of Nevada.
(BDR 20-812)
Brian Hutchins, Deputy Attorney General, Transportation Division, explained ASSEMBLY BILL (A.B.) 29 was drafted as a clarifying measure to Nevada Revised Statutes (NRS) 247.305. Mr. Hutchins said the measure would provide an explicit exemption of recording fees to the Department of Transportation when filing actions of condemnation. According to Mr. Hutchins, the statute already provides this exemption, but it is not interpreted the same in all 17 of counties. He added, A.B. 29 would put an end to questions or doubt and the state could not be charged recording fees when condemning land, in any county.
There was no testimony in opposition to A.B. 29.
Chairman O'Connell closed the hearing on A.B. 29 and opened the hearing to testimony on Senate Bill (S.B.) 269.
SENATE BILL 269: Authorizes public agency to provide public records to general public by means of computers and related electronic systems. (BDR 19-449)
David Edwards, Geographic Information Systems Manager, Clark County, told the committee the county, along with 10 other entities requested the drafting of S.B. 269. Mr. Edwards testified local governments have a commitment to ensure the accuracy and access of public record information and he pointed out the last amendment to the public record laws occurred in 1965. Continuing, Mr. Edwards stated the measure is intended to ensure local governments have the ability to be responsive to the business community as well as private citizens and to minimize the burden on general revenue sources. A copy of Mr. Edwards prepared testimony is referenced as Exhibit C.
Senator Hickey expressed concern over the sale of voter lists by the county, and asked Mr. Edwards for what purpose the lists were sold. Mr. Edwards replied the county did not have the power to ask for what purpose the lists would be used.
Senator Raggio questioned the proposed language stating the right to deny public records if it is believed the information would be used for an illegal purpose. He questioned who would make that determination.
Mr. Edwards indicated that portion of S.B. 269 came from bill drafting and he was not clear as to the reasoning or origin.
Senator Nevin voiced concern that the county would not assume any liability for the data they would be selling. Mr. Edwards stated since the county would have no control over what people do with the information, the language was devised to clarify that the county is facilitating the dissemination of public record data.
Chairman O'Connell asked if S.B. 269 was a product of the interim study on public records, referring to Assembly Concurrent Resolution (A.C.R.) 90 of the Sixty-sixth Session. (Please refer to Bulletin 93-9, Study of Nevada Laws Governing Public Books and Records.)
ASSEMBLY CONCURRENT RESOLUTION
NO. 90 OF THE SIXTY-SIXTH SESSION: Directing the Legislative Commission to study the laws governing public records and books.
Mr. Edwards answered no and indicated the study was focused on defining public records and lacked the time to study electronic records and information.
Mr. Edwards concluded S.B. 269 would basically allow the counties to offset the cost of operation, and give the agencies incentive to update records, which would serve the public better overall.
Senator Callister envisioned a potential problem with section 4 of the bill which allows a public agency to contract with a private sector vendor of electronic services. He questioned the need for counties to have the authority to contract services. Senator Callister pointed out since the data is public record and is currently available to the public, the county should not need to enter into a contract with a private source to make data available. He saw this as mechanism for the counties to enter into the business of selling data as an increased revenue source, while being immune from liability for the conduct of private vendors.
Mr. Edwards offered scenarios where governmental entities have electronic data available, but do not have is the mechanisms of communication network systems to provide wide access throughout their agency. According to Mr. Edwards, S.B. 269 would give those entities authority to contract or to partnership with a private vendor to provide the necessary access.
Karen Kavanau, Director, Department of Data Processing, told the committee passage of S.B. 269 would open all records to the public, that are not specifically identified by statute, as confidential.
Ms. Kavanau stated anyone would be able to obtain on-line computer access to government database. She read a list of concerns to be addressed by the committee before acting on the measure. A copy of Ms. Kavanau's testimony is referenced as Exhibit D.
In response to a question from Chairman O'Connell, Ms. Kavanau agreed with Mr. Edwards' testimony that the subject of electronic data was impossible to address during the interim study. She commented the A.C.R. 90 [of the Sixty-sixth Session) subcommittee had a tremendous amount of work assigned, and time did not allow them to examine electronic data.
Pamela A. Case, Chief, Facility Management Division, Department of Data Processing, addressed questions from Chairman O'Connell regarding Department of Motor Vehicle and Public Safety (DMV) records and voter lists. Ms. Case stated a thorough inventory of government records is needed, categorizing what records should be public and to what extent.
It was noted by Ms. Kavanau there are 374 items of information collected by government to be communicated, maintained and stored, that are identified by statute as confidential. The assumption is all other data is not confidential, however, agency administrators presume there are reasons to protect data even though most portions are not confidential.
Ande Engleman, Nevada Press Association, voiced opposition to
S.B. 269. Ms. Engleman disagreed with Ms. Kavanau that passage of the measure would make confidential data available to the public.
She informed the committee a total of five bills resulted from the interim study and would be heard in committee.
Orland T. Outland, Reno, Nevada, spoke against S.B. 269 from prepared text (Exhibit E). Mr. Outland cited the importance of constituents participating in the law making process, on an informed basis, as reasoning not to limit access of public records.
Robert van Straten, State Records Manager, State Library and Archives, testified some portions of S.B. 269 may conflict with existing statutes.
Mr. van Straten pointed out the inconsistencies between sections 1 and 4(c) of the bill, and he commented "records cannot be open for inspection and denied access to at the same time." Mr. van Straten's entire testimony is referenced as Exhibit F.
In Mr. van Straten's opinion, making general laws to cover specific problems only creates greater ones. He informed the committee members of all the records in the United States 1 percent are on electronic format, 4 percent are on microfilm and 95 percent is still maintained on paper.
Craig Thuet, Vice President, Advantage Online Services, voiced his opposition to S.B. 269 from prepared testimony (Exhibit G). Mr. Thuet explained his company is a public computer database business, a service that sells public information. He encouraged the committee to set out a specific guideline to define public information.
Mr. Thuet stated he wanted the committee to be aware that public data is presently sold by private vendors such as his company. He indicated that problems have arisen from the lack of an exact definition of public information.
Mr. Thuet testified, through a dedicated phone line hooked to the Clark County computer system, he can access and then sell the information he obtains. His complaint is that a competitor is allowed access to more types of data than his company is allowed. Mr. Thuet urged the committee to strive for invariable rules from one agency to another regarding public data.
A general discussion ensued between Senator Raggio, Mr. Edwards, Ms. Kavanau and Mr. Thuet.
Darcy Coss, Deputy Attorney General, representing the Department of Motor Vehicles and Public Safety, spoke in opposition to S.B. 269 and indicated the need for more constraints in legislation that pertains to electronic information.
Chairman O'Connell closed the meeting to testimony on S.B. 269 and opened testimony on S.B. 270.
SENATE BILL 270: Makes various changes relating to public investments. (BDR 31-691)
Mike Alastuey, Clark County School District. testified in favor of S.B. 270. He told the committee the measure was requested to clarify the statutory ability of school districts to invest in securities, the same as local governments. Mr. Alastuey explained the school districts have always been involved in public investing. He indicated counsel for the school districts advises them that current law applies to them, as well as cities and counties. He stated as a clarifying measure, the language in S.B. 270 specifically states that the board of trustees of county school districts may invest in certain securities.
Mr. Alastuey indicated the second objective of S.B. 270 sets out that the United States Postal Service or the Federal National Mortgage Association are not the only agency securities that may be used for investments.
Continuing, Mr. Alastuey stated the last objective of S.B. 270 defines that the 20 percent of the money available to a local government for investment is determined on the date of purchase. He indicated it is possible on subsequent days, before adjustments to the entire portfolio are made, it is possible to go over the 20 percent. Mr. Alastuey testified this language does not change the current cap on the amount of bankers' acceptances, but there was a need to include in the language investments are determined on the date of purchase.
Diana Vasey, Deputy for Investments, Office of the State Treasurer, indicated full support for the passage of S.B. 270. Ms. Vasey stated her office manages the local government investment pool, which is approximately $300 million.
The chairman closed the hearing on S.B. 270 and opened the meeting to testimony on A.B. 12.
Assembly Bill 12:Makes various changes relating to contracts entered into by purchasing division of department of general services. (BDR 27-689)
Tom Tatro, Acting Administrator, Purchasing Division, Department of General Services, testified his agency requested the drafting of A.B. 12. Mr. Tatro informed the committee members, currently, the Purchasing Division has the ability to contracts goods or services for the state for a period of 1 year. He saw A.B. 12 as a mechanism to facilitate the division's ability to extend contracts, which occurs when it is in the best interest of the state.
Mr. Tatro explained the Purchasing Division is associated with the Western States Contracting Alliance, an organization developed primarily from federal funding. The organization's purpose is to encourage states to stimulate energy manufacturing processes and the use of recycled materials, by consolidating the buying power of several states. He continued that Nevada is the only one of 17 western states that was not allowed by statute to contract for a 3-year period. Mr. Tatro indicated the end result should be to no longer buy virgin paper, only recycled paper, and to make vendors who bid for the paper contract in Nevada aware of that.
It was noted by Senator Lowden that the period the state is allowed to contract (1 year) is very low. Because of her background in awarding purchasing contracts, she saw the limitations of contracting for such short periods as a money loss for the state.
Ms. Engleman, Nevada Press Association, testified in support of A.B. 12. Ms. Engleman did bring up the fact that the Governor's reorganization may require the Purchasing Division to review the
contract time more frequently. Mr. Tatro explained that every contract is reviewed yearly.
After a brief discussion between Chairman O'Connell and Mr. Tatro it was determined that the bill should be amended to become effective upon passage and approval.
The meeting was closed to comments on A.B. 12 and Chairman O'Connell referred the members to the work session document in their packets. The chairman then distributed copies of a letter from Robert Gagnier, Executive Director, State of Nevada Employees Association, requesting the committee to reconsider S.B. 165. She explained that the bill was previously indefinitely postponed in the committee.
SENATE BILL 165: Increases number of members of personnel commission and abolishes employee-management committee. (BDR 23-471)
It was agreed by the members to request further information on
S.B. 165 before moving to reconsider it. Senator Raggio volunteered to investigate the matter further and bring the information back to the committee.
SENATE BILL 53: Requires certain state officers, departments and commissions to deposit money directly in financial institution designated by state treasurer. (BDR 31-496)
Caren Jenkins, Senior Research Analyst, distributed copies of the letter from Gary Crews, Legislative Auditor (Exhibit H), outlining his suggestions after conferring with the Department of Wildlife representatives.
Senator Raggio suggested taking action on S.B. 53 and to provide the Department of Wildlife with a letter of intent from the Senate Committee on Government Affairs to request the department to report to interim finance, as suggested by Mr. Crews.
SENATOR RAGGIO MOVED TO AMEND S.B. 53 BY CHANGING THE WORD "MONDAY" TO "THURSDAY" ON LINE 8, PAGE 1, AND DO PASS.
THE COMMITTEE INCLUDES A LETTER OF INTENT TO THE DEPARTMENT OF WILDLIFE REQUESTING A REGULAR REPORT TO THE INTERIM FINANCE COMMITTEE ON THE SUCCESS OF THE DRAW SYSTEM CONTRACT FOR BIG GAME TAGS, AND ALTERNATIVES FOR PAYMENT PROCESSING.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
SENATE BILL 90: Establishes policy and procedure for naming state property. (BDR 27-127)
Chairman O'Connell stated S.B. 90 was to be held for further information.
SENATE BILL 109: Makes various changes relating to certain accounts maintained for use by office of the secretary of state.
The chairman told the committee the information she received on S.B. 109 was that language changes on page 2, the last section, were omitted because the changes were redundant and not necessary. She further explained all interest goes into the General Fund, unless earmarked for a specific purpose.
SENATOR RAGGIO MOVED TO DO PASS ON S.B. 109.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
SENATE BILL 144: Authorizes creation of police department of Airport Authority of Washoe County and designates its officers as peace officers.
Chairman O'Connell reminded Senator Nevin of his request to withdraw S.B. 144 and explained it needs to be indefinitely postponed.
SENATOR NEVIN MOVED TO INDEFINITELY POSTPONE S.B. 144.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO ABSTAINED FROM THE VOTE.)
* * * * *
Senator Nevin stated he contacted the Attorney General's Office regarding S.B. 157 and they did not have a problem with the language in the bill.
SENATE BILL 157: Revises powers and duties of state controller. (BDR 18-497)
SENATOR RAGGIO MOVED TO DO PASS S.B. 157.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
SENATE BILL 171: Requires state librarian to adopt regulations to carry out program to establish and approve minimum period of retention for records of local governments. (BDR 19-556)
Senator Raggio recalled there was no opposition to S.B. 171, he stated Guy Louis Rocha, State Archives and Records Administrator, along with members of his staff and representatives from the Nevada League of Cities, all spoke in support of the bill.
SENATOR RAGGIO MOVED TO DO PASS S.B. 171.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
SENATE BILL 173: Make various changes relating to state records. (BDR 19-555)
SENATOR NEVIN MOVED TO DO PASS S.B. 173.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
SENATE BILL 174: Makes various changes to provisions governing meetings of public bodies. (BDR 19-136)
Senator Nevin reminded the committee members the Nevada Press Association was to subcommittee amendments on S.B. 174.
Caren Jenkins, Senior Research Analyst, outlined the amendments suggested by the press representatives. Ms. Jenkins said the amendments, as proposed, stated that line 12 be changed to read "21 days" and also the addition of a sentence stating "proof of delivery of such a notice must be received prior to the meeting." Ms. Jenkins continued, the press association also requested the addition of a section which would modify the general open meeting law notification time to read "except in an emergency, written notice of all meetings must be given at lease 5 days before the meeting." She pointed out, current law reads "3 working days before the meeting."
General discussion followed between several of the committee members and Ande Engleman, Nevada Press Association, as to how the bill would affect the legislative meetings. After some discussion, the committee agreed to not to take action until the amendments were reviewed by the committee.
Chairman O'Connell stated the next order of business of the Work Session would be S.B. 185.
SENATE BILL 185: Exempts certain small municipalities from limitations on amount of tax revenue which may be paid to redevelopment agencies and tax increment areas. (BDR 22-281)
Senator Rhoads informed the committee that proponents were still working on revising the language and requested no action be taken at this time.
The chairman was also requested by Senator Rhoads to hold 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 Nevin asked Chairman O'Connell if she would accept a motion on S.B. 269, heard earlier in the meeting.
SENATOR NEVIN MOVED TO INDEFINITELY POSTPONE S.B. 269.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
ASSEMBLY BILL 160: Increases number of councilmen authorized in city of third class. (BDR 21-258)
Chairman O'Connell reminded the committee this measure was introduced by Assemblyman Neighbors to accommodate the smaller counties.
SENATOR RAGGIO MOVED TO DO PASS A.B. 160.
SENATOR CALLISTER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Senator Raggio asked if the chairman would accept a motion on
A.B. 29, heard earlier in the meeting.
SENATOR RAGGIO MOVED TO DO PASS A.B. 29.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman O'Connell requested a motion on A.B. 12. It was noted by Ms. Jenkins that the committee members discussed amending the bill to become effective upon passage and approval.
SENATOR HICKEY MOVED TO AMEND A.B. 12 TO BECOME EFFECTIVE UPON PASSAGE AND APPROVAL AND TO DO PASS.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
The chairman asked if the committee wished to vote on S.B. 270, also heard earlier in the meeting.
Senator Raggio outlined the testimony of Ms. Vasey, from the treasurer's office who spoke in full support of the measure.
SENATOR HICKEY MOVED TO DO PASS S.B. 270.
SENATOR RAGGIO SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman O'Connell distributed copies of several bill draft requests (BDRs) to be considered for committee introduction.
BILL DRAFT REQUEST 18-147: Require that administrative regulations be submitted 2 weeks before meeting of Legislative Commission for commission to be required to act upon it.
SENATOR RAGGIO MOVED FOR COMMITTEE INTRODUCTION OF
BDR 18-147.
SENATOR CALLISTER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
BILL DRAFT REQUEST 18-844: Allows combining of industrial, economic, travel and tourism funds and expenditures in rural counties.
SENATOR NEVIN MOVED FOR COMMITTEE INTRODUCTION OF
BDR 18-844.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
BILL DRAFT REQUEST 20-601: Establish taxing district for support of parks and leisure facilities.
SENATOR HICKEY MOVED FOR COMMITTEE INTRODUCTION OF
BDR 20-601.
SENATOR NEVIN SECONDED THE MOTION.
Senator Callister asked the chairman if an explanation was given why this was needed as an emergency measure.
Chairman O'Connell explained there was a lack of communication between the City of Las Vegas and Clark County as to the timing of placing this question on the ballot for the voters to consider.
Marvin Leavitt, Lobbyist, City of Las Vegas, indicated this measure should also include a provision for the voters to decide that if the bond issue fails for either the city or county, it would be considered failed in both.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
BILL DRAFT REQUEST 36-1313: Makes various changes regarding the Nevada National Guard Reserve.
Senator Raggio requested BDR 36-1313 to be held until he receives further information to bring to the committee.
BILL DRAFT REQUEST S-829: Makes various changes to charter of City of Sparks relating to judicial department.
SENATOR NEVIN MOVED FOR COMMITTEE INTRODUCTION OF
BDR S-829.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
There being no further business before the committee, 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 17, 1993
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