MINUTES OF THE
SENATE COMMITTEE ON GOVERNMENT AFFAIRS
Sixty-seventh Session
April 5, 1993
The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 2:00 p.m., on Monday, April 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 Thomas J. Hickey
Senator Leonard V. Nevin
Senator Matthew Q. Callister
STAFF MEMBERS PRESENT:
Caren Jenkins, Senior Research Analyst
Diana Gamble, Committee Secretary
OTHERS PRESENT:
Andrea (Ande) Engleman, Lobbyist, Nevada Press Association, Inc.
Lisa Foster, Lobbyist, City of Sparks
Chairman O'Connell stated the meeting would be a work session and opened the hearing on Senate Bill (S.B.) 281.
SENATE BILL 281: Authorizes administrator of division of state parks of state department of conservation and natural resources to collect fees from senior citizens for special services. (BDR 35-270)
Senator Hickey asked S.B. 281 to be held for further information.
Chairman O'Connell agreed and opened discussion on Senate Bill (S.B.) 283.
SENATE BILL 283: 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. (BDR 35-887)
SENATOR HICKEY MOVED TO DO PASS S.B. 283.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman O'Connell asked for discussion on Senate Bill (S.B.) 286.
SENATE BILL 286: Establishes local government pooled long-term investment fund. (BDR 31-745)
Senator Rhoads noticed there was a proposed amendment on S.B. 286 which would allow the bill to be effective on passage and approval.
Senator Raggio said the proposed amendment was to change the term "fund" used in S.B. 286 to "account" wherever it appeared in the bill.
Senator O'Connell stated the word "fund" could indicate more than one account and indicated she suggested the proposed amendment. She added she had also requested S.B. 286 be effective upon passage and approval.
SENATOR RAGGIO MOVED TO AMEND AND DO PASS S.B. 286.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman O'Connell opened the discussion on Senate Bill (S.B.) 308.
SENATE BILL 308: Makes various changes to charter of City of Sparks relating to judicial department. (BDR S-829)
Senator Raggio stated he had a problem with S.B. 308 because it extended the term of both municipal judges in Sparks, Nevada.
Senator Nevin stated there was a proposed amendment to S.B. 308 which addressed Senator Raggio's concern about the extended terms and also removed the requirement for the municipal judges to be lawyers.
Senator Lowden said:
I'd just like to make the point that when another city
came forward not too long ago and asked for something, and certain members of this committee asked for a change of that, the other members of this committee made it clear to me that we go with what the city asks. So, I would just like to remind the members of this committee that you preached one thing to some members of this committee a couple of weeks ago and now you are doing the exact opposite.
Senator Nevin stated:
When this bill was presented, it wasn't passed by any of the members of the delegation. Nobody saw it. And, with talking with the other member of the delegation, the assembly people, this had been tried before. This had been defeated before and it's come back again and apparently they didn't receive the message from the last time. And, they just keep coming back.
Senator Lowden asked for a clarification as to the use of the word "delegation" used by Senator Nevin. Senator Nevin replied he meant the assemblymen and the senator from the Sparks, Nevada area.
Senator Raggio asked for a clarification on the proposed amendment stating he would not support a 6-year term for a municipal judge unless there was a mandatory provision for an attorney to hold the position.
Senator Nevin replied the proposed amendment would remove the 6-year term and would remove the mandatory qualification of an attorney filling the position of municipal judge.
Senator Raggio said he would not "under any circumstances" support a 6-year term unless there was a requirement to have the office held by an attorney. Senator Nevin responded the proposed amendment would make the term a 4-year term, but remove the requirement for an attorney to be the only person who could run for the office.
Lisa Foster, lobbyist, City of Sparks testified:
I don't have much to add....and I don't want to put our Sparks legislators in a bad spot because they've been so supportive to us. Let me just clarify that the council, the city council, did vote on this bill (S.B. 308) and they voted to support the bill as it's written. And, the charter committee, whose made up of appointees from our Sparks legislators and city council members and major have voted also to support
the bill as written.
Senator Nevin stated:
We sat down with Lisa (Foster) on this amendment and discussed with her and told her what our problems were and told her we were doing the amendments so it's not a broadside, it's not a surprise. And, she said that she understood where we were coming from also.
Senator Lowden asked Ms. Foster if the city council meetings were open to the public and what the public consensus was about S.B. 308 at the meetings.
Ms. Foster answered the council meetings were public hearings and there was much discussion about the whether or not the municipal judges should be attorneys and about the length of the term. She said there was some public opposition to the bill as presented to the legislature, but the city council decided to ask the legislature to pass S.B. 308 with a requirement for municipal judges to be attorneys and making the term 6 years.
SENATOR NEVIN MOVED TO AMEND AND DO PASS S.B. 308.
SENATOR HICKEY SECONDED THE MOTION.
Chairman O'Connell asked for discussion on the motion. Senator Raggio stated he would not support a proposed amendment on S.B. 308 because he did not want anything the Sparks City Council had not requested.
THE MOTION CARRIED. (SENATORS RAGGIO AND LOWDEN VOTED NO.)
Chairman O'Connell opened the hearing on Senate Bill (S.B.) 318 and Senate Bill (S.B.) 319.
SENATE BILL 318: Reconciles requirements for financial reporting by school districts. (BDR 31-695)
SENATOR RHOADS MOVED TO DO PASS S.B. 318.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY.
* * * * *
SENATE BILL 319: Creates account for division of state parks and authorizes expenditures to repair and maintain state parks, monuments and recreational areas. (BDR 35-267)
SENATOR HICKEY MOVED TO DO PASS S.B. 319.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY.
* * * * *
Chairman O'Connell opened the discussion on Senate Concurrent Resolution (S.C.R.) 14 and Senate Concurrent Resolution (S.C.R.) 15.
SENATE CONCURRENT RESOLUTION 14: Directs Division of State Parks Department of Conservation and Natural Resources to assist persons and organizations interested in establishing non-profit foundation for state parks. (BDR R-271)
SENATOR HICKEY MOVED TO AMEND AND DO PASS S.C.R. 14.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
SENATE CONCURRENT RESOLUTION 15: Directs Division of State Parks of State Department of Conservation and Natural Resources to establish plans relating to state parks. (BDR R-264)
SENATOR NEVIN MOVED TO AMEND AND DO PASS S.C.R. 15.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman O'Connell stated she had received a proposed amendment for Senate Bill (S.B.) 174.
SENATE BILL 174: Makes various changes to provisions governing meetings of public bodies. (BDR 19-136)
Andrea (Ande) Engelman, Lobbyist, Nevada Press Association, stated she had a concern about the notification of a person who was asked to appear at a hearing. She asked if the person had left the state and there was no forwarding address, would the certified notice to appear be proper notification, if it was mailed to the person's last address.
Senators Raggio and Callister answered the proof of mailing a document by certified mail was sufficient to satisfy the requirement of notification.
SENATOR RHOADS MOVED TO AMEND AND DO PASS S.B. 174.
SENATOR CALLISTER SECONDED THE MOTION.
THE MOTION PASSED UNANIMOUSLY.
* * * * *
After the vote was taken on S.B. 174, Senator Raggio questioned why the chiropractors were specifically included in the proposed amendment to S.B. 174. Senator Raggio stated apparently the Legislative Counsel Bureau added section 5 to the proposed amendment to S.B. 174 to avoid a conflict with chiropractors, but skipped section 4 of the bill. Senator Raggio request the committee withdraw the previous motion until the legal division of the Legislative Counsel Bureau could be questioned.
SENATOR RHOADS MOVED TO RESCIND THE MOTION TO AMEND AND DO PASS S.B. 174.
SENATOR CALLISTER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman O'Connell checked on the status of Senate Bill (S.B.) 154 by asking Senator Callister to report to the committee when action could be taken on the bill.
SENATE BILL 154: Revises provisions governing notice of hearing for proposed zoning changes. (BDR 22-1133)
Senator Callister answered he had some proposed amendments which he was discussing with Irene Porter, lobbyist, and a lobbyist from Henderson, Nevada. He said Ms. Porter wanted an opportunity to meet with a representative from Henderson to ask if Henderson would accept the conditions in S.B. 154 as the maximum notification requirements for proposed zoning changes.
Chairman O'Connell closed the hearing on S.B. 154 and opened discussion 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)
Senator Raggio said his notes indicated the committee was waiting for a proposed amendment which would determine the rate to be received by a public guardian or public administrator.
Senator Nevin offered to make a phone call to Don Cavallo to follow up on A.B. 70.
There being no further business, the chairman adjourned the meeting at 3:45 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
April 5, 1993
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