MINUTES OF THE
SENATE COMMITTEE ON GOVERNMENT AFFAIRS
Sixty-seventh Session
March 19, 1993
The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 11:30 a.m., on Friday, March 19, 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 Dean A. Rhoads
Senator Thomas J. Hickey
Senator Leonard V. Nevin
Senator Matthew Q. Callister
COMMITTEE MEMBERS ABSENT:
Senator William J. Raggio (Excused)
GUEST LEGISLATORS PRESENT:
Rick C. Bennett, Assemblyman, District 16
STAFF MEMBERS PRESENT:
Caren Jenkins, Senior Research Analyst
Diana M. Gamble, Committee Secretary
Fred Welden, Chief Deputy Research Director, Legislative Counsel Bureau
OTHERS PRESENT:
John Pappageorge, Lobbyist, Clark County
Andrew Urban, City Attorney, City of Henderson
Pam Drum, Environmental Education Coordinator, Tahoe Regional Planning Agency
Steve Teshara, Lake Tahoe Gaming Alliance
Glenn VanRoekel, Director of Community Development, City of Caliente
Jim Clague, Consulting Engineering Services
Joe Guild, Lobbyist, Union Pacific Railroad
Irene Porter, Concerned Citizen
Caroline Edwards, Lobbyist, Clark County School District
Chairman O'Connell called the meeting to order noting Senator Raggio was absent from the committee and excused. She opened the hearing on Assembly Bill (A.B.) 38.
ASSEMBLY BILL 38:Increases fees charged by county recorder for copies and abstracts of certificates of marriage. (BDR 20-215)
John Pappageorge, Lobbyist, Clark County, told the committee A.B. 38 was drafted at the request of Clark County. He read directly from Exhibit C.
Chairman O'Connell asked when the county recorder fees had last been raised. Mr. Pappageorge said he did not know but he would find out and report to the committee.
Chairman O'Connell asked how the money from the increase in fees would be used. Mr. Pappageorge told her he would find out more details about where the funds would be used.
Senator Hickey asked why A.B. 38 did not raise the recorder fees to the same as in California. Senator Rhoads asked how much money A.B. 38 would generate. Mr. Pappageorge said he would have to find information to answer both questions and would report back to the committee.
There being no further testimony concerning A.B. 38, Chairman O'Connell closed the hearing and opened the hearing on Assembly Joint Resolution (A.J.R.) 2.
ASSEMBLY JOINT RESOLUTION 2: Urges Tahoe Regional Planning Agency to carry out its current plans. (BDR R-298)
Fred Welden, Chief Deputy Research Director, Legislative Counsel Bureau, testified about A.J.R. 2, telling the committee he functioned as staff to the interim study and oversight committee on the Tahoe Regional Planning Agency. He said A.J.R. 2 was one of the recommendations from the committee. Mr. Welden was asked by Senator Schaffer to explain A.J.R. 2, because Senator Schaffer was unable to testify before the committee. Fred Welden testified the goal of the committee overseeing the activities of the Tahoe Regional Planning Agency (TRPA) was to try to influence the direction the TRPA was heading. He explained the intent of the interim committee was not to say the TRPA was doing bad things or great things, but to express the legislature's opinions of what areas TRPA should emphasize. Mr. Welden said in A.J.R. 2 the voluminous and complex ordinances of the TRPA were addressed and the bill emphasizes the TRPA should use the existing regulations rather than implementing or adopting any further regulations. He also told the committee the TRPA has made efforts in recent years to be more proactive in helping the local governments get projects through the red tape of the TRPA with a minimal amount of problems. The TRPA wanted to help with environmentally sound projects rather than waiting until after a project was in the making and trying to stop a bad project in the area, added Mr. Welden.
Chairman O'Connell asked Mr. Welden if there was any objection to the bill in the assembly. Mr. Welden answered there was no opposition to A.J.R. 2 in the assembly hearings.
Pam Drum, Environmental Education Coordinator, Tahoe Regional Planning Agency (TRPA), testified in favor of A.J.R. 2. Ms. Drum said her organization thought A.J.R. 2 was consistent with TRPA's strategic plan which called for streamlined operations and better public service. She said the TRPA does feel they have made positive movement in both areas and they do continue to look for opportunities to streamline operations and to make it easier and quicker for people to come in and get their TRPA applications for projects processed. Ms. Drum qualified her testimony by stating the TRPA cannot say they will never again adopt another rule or regulation because the TRPA is required to achieve and maintain certain environmental quality standards. She added the TRPA was aware the rules and regulations had to make sense and they had to have support or they would not work. Ms. Drum told the committee the TRPA actively assisted in the design of projects and they processed over 1600 applications a year with limited resources.
Ms. Drum continued:
I can cite a couple of examples, however, on the Nevada side where we have worked with state officials to make sure that the project is a do-able one and so that they don't reach a certain stage and we have to say, 'we're sorry but this isn't workable.' Those examples would be a new boat launch facility or a redesigned boat launch facility at cave rock. We're working with state officials on that. We're also working with parks' officials to see what the potential is for a new bike trail facility along the east shore, particularly in the Sand Harbor area.
Steve Teshara, Lake Tahoe Gaming Alliance, spoke in support of A.J.R. 2. Mr. Teshara said he would like to let the committee know resolutions from the legislature do make a difference in the attitudes at the TRPA as well as the constituency and the public at Lake Tahoe. He told the committee he thought A.J.R. 2 was important because it showed the legislature's concern on whether or not TRPA was doing what they had been charged to do and did it in such a way that was "user friendly" with the people at the TRPA.
Chairman O'Connell asked for any further testimony on A.J.R. 2.
SENATOR NEVIN MOVED TO DO PASS A.J.R. 2.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS CALLISTER AND RAGGIO WERE ABSENT FOR THE VOTE.)
* * * * *
Chairman O'Connell opened the hearing on Assembly Bill (A.B.) 133.
ASSEMBLY BILL 133: Authorizes annexation of a portion of unincorporated town by city under certain circumstances if annexation is approved by governing body of unincorporated town. (BDR 21-978)
Andres Urban, City Attorney, City of Henderson, testified in favor of A.B. 133. Mr. Urban testified:
This bill, of course, started in the assembly and was brought to the attention of the legislature by a developer by the name of Ron Reiss. Unfortunately Mr. Reiss will not be here because in the interim he has died. I believe some people from the building industry is going to come and testify, and Assemblyman Bennett. As we testified at the hearing before assembly government affairs, we support the concept as long as the bill stays as it is, with the city retaining its discretion to consider an annexation once the property owner has approached the county that controls the property in question, that's within the unincorporated township.
Chairman O'Connell asked if the same exhibits used during the testimony to the assembly would be used in the testimony in the senate.
Mr. Urban stated Exhibit D was a copy the property map of Mr. Reiss' property, but any exhibits used at the hearing in the Assembly Committee on Government Affairs have been misplaced since the death of Mr. Reiss.
Chairman O'Connell asked Mr. Urban to explain to the committee what the specific problem was with a piece of property owned by Mr. Reiss in Clark County.
...(the property) is surrounded by Henderson. It's about 40 acres in size, in the county, but it also happens to be in.... the unincorporated Paradise township and pursuant to current legislation, we are not allowed to annex any land that is within Paradise township borders as they were established in 1983. This 40 acre parcel falls into that situation. It's situated so that the county cannot provide water and sewer service. The city could, however, it's outside our jurisdiction and if we provide those services, the analysis at this point indicated we'd also have to provide police and fire. This land is most likely.... the best use is commercial. And commercial development, of course, brings with it a heightened fire and police need. And, we would not receive the tax base.... developers have developed the land right up to where this area is and the commercial development of this land would be helpful to Henderson residents who live on the west border.
Senator Hickey asked if there were any other parcels similar to the one described in A.B. 133. Mr. Urban answered there was another 5 acre parcel and a couple of smaller parcels.
Rick Bennett, Assemblyman, District 16, spoke in favor of A.B. 133 telling the committee A.B. 133 was a request from a constituent of his, Ron Reiss and explained Mr. Reiss had recently unexpectedly passed away. Mr. Bennett reported there was no opposition to A.B. 133 when testimony was taken in the assembly. Although there was some initial concern about A.B. 133 disturbing other statutes regarding annexation, Mr. Bennett said all concerns have been addressed and resolved.
Senator O'Connell said:
I think the real safeguard is that the property owner must first go to the council or to the commission and have the approval so there's an open forum if there's any problem with any of the people around that for development or whatever. There is an open forum and the decision still rests with the county government as to whether or not that happens.
John Pappageorge, Lobbyist, Clark County, spoke in favor of A.B. 133 stating A.B. 133 made certain the decision regarding land within a county still remained in their control. He said the county believed they were the only ones who could measure the effects on the surrounding areas and the people in the townships in each county.
Irene Porter, concerned citizen, stated she was not testifying for A.B. 133 because of her client, Homebuilders Association, but that she was before the committee as a personal friend of Ron Reiss. Ms. Porter stated Mrs. Reiss would appreciate the committee's favorable consideration of A.B. 133. She said Mr. Reiss had dealt with a piece of property which could not be buildt on for a number of years.
SENATOR NEVIN MOVED TO DO PASS A.B. 133.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
Chairman O'Connell closed the hearing on A.B. 133 and opened the hearing on Senate Concurrent Resolution (S.C.R.) 16.
SENATE CONCURRENT RESOLUTION 16: Commends City of Caliente for its efforts to alleviate hazard posed by single crossing of Union Pacific Railroad. (BDR R-1816)
Joe Guild, Lobbyist, Union Pacific Railroad, spoke in favor of S.C.R. 16. Mr. Guild said:
There is an amendment in front of you (Exhibit E) that softens the language a little bit. And, the Union Pacific Railroad wholeheartedly supports this resolution and the attempts of the city of Caliente to try and get this grade crossing... It is a commitment to try and work with the city and help them in any way we can... There's been some pretty strong efforts on the part of the city, they've gone to monumental lengths to try and get this done and we're going to continue to try and help them do that.
Glenn VanRoekel, City of Caliente, Director of Community Development, spoke in favor of S.C.R. 16. Mr. VanRoekel told the committee the City of Caliente was in favor of the amendment proposed by Mr. Guild on Exhibit E. He referenced Exhibit F as a package of letters regarding S.C.R. 16 and explained to the committee the content of each of those letters. Mr. VanRoekel stated:
Underneath the following letter, there's an explanation of what passes through. These are just random samples that one of the girls in our office in City Hall just wrote down the placards that are going by on the trains over about a 2-week period...two or three trains a day and these (Exhibit F) are just to show the need and the hazardous materials that are indeed coming through the town and there is a possibility for a serious emergency in the city. This single crossing has been a thorn in our side... I've worked for the city of Caliente for 18 years and when I came to work for the city, the ex-city Manager had been working on this project trying to get it along. So, It's something that's been around for at least 30 years.
Mr. VanRoekel offered Exhibit G for the committee to see the proposed new crossing plans. Exhibit G includes engineering drawings entitled Figure 1 and Figure 2.
SENATOR HICKEY MOVED TO AMEND AND DO PASS S.C.R. 16.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
Senator Nevin stated he had received a letter from the Washoe County Health Department stating they had no problem with Senate Bill (S.B.) 145.
SENATE BILL 145: Exempts reasonable agricultural activity from certain local ordinances concerning air pollution. (BDR 20-1047)
SENATOR NEVIN MOVED TO DO PASS S.B. 145.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
Caroline Edwards, Lobbyist, Clark County School District, asked for a committee introduction of Bill Draft Request (BDR) 31-695.
BILL DRAFT REQUEST 31-695: Reconciles requirements for financial reporting by school districts. (BDR 31-695)
SENATOR RHOADS MOVED FOR COMMITTEE INTRODUCTION OF BDR 31-695.
SENATOR CALLISTER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
Senator Hickey asked for a committee introduction on Bill Draft Request (BDR) 35-267.
BILL DRAFT REQUEST 35-267: Establish nonreverting account for fees paid in state parks.
SENATOR NEVIN MOVED FOR COMMITTEE INTRODUCTION OF BDR 35-267.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
There being no further business, the meeting was adjourned at 12:35 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 19, 1993
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