MINUTES OF THE
SENATE COMMITTEE ON GOVERNMENT AFFAIRS
Sixty-seventh Session
June 16, 1993
The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 2:00 p.m., on Wednesday, June 16, 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
COMMITTEE MEMBERS ABSENT:
Senator Sue Lowden, Excused
GUEST LEGISLATORS PRESENT:
Senator Mike McGinness, Central Nevada Senatorial District
STAFF MEMBERS PRESENT:
Caren Jenkins, Principal Research Analyst
Diana Gamble, Committee Secretary
OTHERS PRESENT:
Ruth Pearson Urban, Division Manager, Neighborhood Justice Center, Clark County Social Services
Verla Davis, Deputy Director, Clark County Social Service
Nancy McLane, Customer Service Supervisor, Clark County Sanitation District
Carole Vilardo, Lobbyist, Nevada Taxpayers Association
Dale Erquiaga, Chief Deputy, Office of the Secretary of State, State of Nevada
Marlene Henderson, Registrar of Voters, Washoe County
There not being a quorum, Chairman O'Connell opened the meeting as a subcommitte on Assembly Bill (A.B.) 66.
ASSEMBLY BILL 66:Makes various changes relating to alternative methods of resolving disputes.
Ruth Pearson Urban, Division Manager, Neighborhood Justice Center, Clark County Social Services, spoke on A.B. 66. She told the committee her division was created by legislation passed in 1991 calling for the creation of a neighborhood justice center modeled after the American Bar Association multidoor courthouse concept. She gave the committee copies of the legislative report which includes a brochure about the neighborhood justice center, an opinion from the Review Journal, a newspaper article dated April 17, 1993 from the Review Journal, a letter from one of the clients of the Neighborhood Justice Center dated January 25, 1993, along with a letter from Judge Rodney Burr and a letter from the Justice Court administrator, Russell Eaton which are all included in Exhibit C. She explained the Neighborhood Justice Center was part of some legislation that came out of a subcommittee of the legislature that studied alternative dispute resolution and it made a number of recommendations. Ms. Urban told the committee the Neighborhood Justice Center was created to be operational January 1, 1992, and they became fully operation on April 1, 1992. She explained there has been a phenomenal response from the community since that time. She explained her division has trained 70 volunteer mediators and provided services to date to over 5,500 disputing parties. She told the committee approximately 550 of those cases have gone to mediation and over 550 have been resolved through conciliation, but the center has provided information and referral to over 5,500 people. She further explained the division's activities which are included in Exhibit C. She told the committee the Neighborhood Justice Center has fulfilled the mandate of the legislature to provide comprehensive information and referral and to provide mediation of disputes at no charge to the residents of Clark County. She stated her division is asking to have the sunset clause on the funding mechanism which sunsets in 1995 removed so the funding is permanent and also the ability to allow the division to charge a rate that has not yet been established, but will be established by the board of county commissioners, in certain and unusual cases that are complex and staff intensive. She further explained this would help when the parties have a great deal of money at stake and the division has saved them thousands of dollars in what could have been legal fees and time. She maintained her department is asking for the ability to charge in complex cases and also to charge for training. She explained they provide at no charge training that runs 30 to 40 hours for the volunteer mediators. A lot of individuals cannot volunteer because of time constraints, but they want the same mediation training which they can utilize in their employment and in the community.
Chairman O'Connell asked about the information on page 2, line 6 of the bill which talks about the account for dispute resolution. She asked Ms. Urban where the money in the fund comes from and how much money is in the fund presently.
Ms. Urban stated that money comes from a $5 filing fee which is on all civic cases in district court in Las Vegas and many of the filings in justice court, but not all of the civil filings in justice court in Las Vegas.
Chairman O'Connell asked Ms. Urban if all of that money is given to her division for that purpose.
Ms. Urban stated the $5 filing fee which is assessed goes in a separate account in Clark County and it all goes to the funding of the Neighborhood Justice Center.
Chairman O'Connell asked how much money that fund has raised.
Ms. Urban stated that fund has raised less than $300,000. She explained in excess of $300,000 was projected, but it has raised less than $300,000.
Senator Nevin and Senator Callister came into the meeting making it a regular committee meeting and not a subcommittee.
Ms. Urban stated the total revenue was $289,454 in the last fiscal year. She told the committee her division handles approximately 400 dispute cases per month and not all of these end up in mediation. She explained her division wants to charge for the cases which go to mediation and are unusual and complex which is approximately 10 percent of those cases.
Chairman O'Connell asked for some kind of estimate of fees the Neighborhood Justice Center would charge and for which cases.
Ms. Urban stated if this bill passed her division would do a study of neighborhood justice centers across the country to get an idea of what their fee schedules are. She explained most of those divisions operate in the same way as hers, but they are able to charge for complex unusual cases. She told the commission her division would like to charge at least the minimum fee of the filing fee, but she stated they would probably go above and beyond that filing fee which is the $5.
Chairman O'Connell asked what the fees would be used for.
Ms. Urban stated presently the fees the division has collected have not been what was estimated and anticipated by the legislative committee that studied this. She told the committee two positions in her office have been authorized but have not been filled because of the shortfall of revenue.
Verla Davis, Deputy Director, Clark County Social Service, told the committee while it is important for their division to charge the fees their primary purpose is to remove the sunset. She explained when the legislation was passed last time it was all gratis and she feels the need for this program has more than proven itself. She told the committee if they were to allow them to charge the fees that would be fine, but their primary purpose is to remove the sunset.
Chairman O'Connell closed the hearing on A.B. 66.
Senator Mike McGinness, Central Nevada Senatorial District, asked the committee for introduction of a resolution. He gave the committee members copies of the proposed resolution and copies of a newspaper article regarding this mining which is Exhibit D. He explained in the Ely area Magma Mining was scheduled to begin operations but because of some protests it looks as though it is being held up. He told the committee this resolution simply urges all parties to cooperate and get the environmental impact statement done as quickly as possible. He stated this resolution would relieve a lot of the problems in the White Pine area. He explained this project would employ approximately 450 during the construction, 450 during the mining operations. Approximately 60 percent of the employees would come from the local market.
SENATOR NEVIN MOVED FOR A BILL DRAFT REQUEST.
SENATOR CALLISTER SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR LOWDEN AND SENATOR HICKEY WERE ABSENT FOR THE VOTE.)
* * * * *
Chairman O'Connell opened the hearing on Senate Bill (S.B.) 310.
SENATE BILL 310: Makes various changes relating to legislative review of administrative regulations.
Chairman O'Connell asked if the committee would like to concur or do not concur with the amendment to S.B. 310.
Senator Callister stated the amendment appears to cap the hourly fee an employee from the Legislative Counsel Bureau can charge.
SENATOR NEVIN MOVED TO CONCUR WITH AMENDMENT NO. 817 TO S.B. 310.
SENATOR RAGGIO SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR LOWDEN AND SENATOR HICKEY WERE ABSENT FOR THE VOTE.)
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Chairman O'Connell closed the hearing on S.B. 310 and opened the hearing on Senate Bill (S.B.) 509.
SENATE BILL 509: Repeals provisions authorizing creation of districts to support public parks.
Chairman O'Connell told the committee she received a conflict notice on this bill which was ready to go to the floor. She explained the committee needed to change their motion so they can receive the amendment on the floor.
SENATOR RHOADS MOVED TO RESCIND THE MOTION TO DO PASS S.B. 509 AND HE THEN MOVED TO AMEND AND DO PASS S.B. 509.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR LOWDEN AND SENATOR HICKEY WERE ABSENT FOR THE VOTE.)
* * * * *
Chairman O'Connell asked the committee for committee introduction on the petitions bill which is Bill Draft Request (BDR) 24-1299.
BILL DRAFT REQUEST 24-1299: Makes various changes regarding elections.
SENATOR RAGGIO MOVED FOR COMMITTEE INTRODUCTION OF BILL DRAFT REQUEST (BDR) 24-1299.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR LOWDEN AND SENATOR HICKEY WERE ABSENT FOR THE VOTE.)
* * * * *
Chairman O'Connell opened the hearing on Senate Bill (S.B.) 525.
SENATE BILL 525: Simplifies procedure for establishment and collection of lien of general improvement district for unpaid charges.
Nancy McLane, Customer Service Supervisor, Clark County Sanitation District, spoke in support of S.B. 525. She explained the sanitation district bills their customers quarterly. If they are delinquent they are provided with two late notices, and if payment is still not received then a lien is recorded against the property in the county records. She told the committee if the delinquency still remains unpaid after a year the amount is submitted to the tax role of Clark County for collection with the property taxes. Ms. McLane stated the lien portion of the process is a time-consuming and expensive paper mill. She explained there is a window in the time period right now which makes it difficult to collect delinquent amounts. She stated this is due to the fact Clark County is transient and properties often change hands frequently and very quickly. Any amounts which are not recorded as liens and owed to the sanitation district do not appear on title reports which are sought during escrow. She explained these amounts are often not discovered and paid prior to ownership changes. She told the committee if this bill is approved which will amend Chapter 318 of the Nevada Revised Statutes (NRS) to delete the notification requirement, the billing itself would constitute a perpetual lien. She emphasized this is not to be used as a tax, but merely a means of ensuring collection of the amounts due and making sure they are picked up prior to ownership changes in the county.
Senator Nevin asked how much money is involved in the liens.
Ms. McLane stated the recording fees for the liens were over $20,000, the releases of those liens when the amounts are received would be another $20,000 and the administrative fees that are passed on to the customers in addition to the lien fees would be another $40,000. She explained if this bill is passed it would help streamline the current collection process and information would be more timely to the title companies during escrow. She told the committee this bill would help eliminate the lien fees that are now charged to the customers whose properties are liened. She explained the $20 fees would be eliminated.
Carole Vilardo, Lobbyist, Nevada Taxpayers Association, stated she can understand the need to simplify the procedure, but she would feel more comfortable if she knew the individual who owns the property would have the opportunity to receive the notice they need before they find out their property is going to be attached.
Chairman O'Connell stated Ms. McLane explained there are two notices sent out and then a final notice sent before a lien is imposed.
Chairman O'Connell closed the hearing on S.B. 525 and opened the hearing on Senate Bill (S.B.) 539.
SENATE BILL 539: Makes various changes to election laws to comply with National Voter Registration Act of 1993.
Dale Erquiaga, Chief Deputy, Office of the Secretary of State, State of Nevada, explained to the committee this bill is not a proposal by the secretary of state's office. He stated this is a bill written by the legal division of the Legislative Counsel Bureau to comply with the National Voter Registration Act of 1993 in which compliance is mandatory and there is no option. He gave the committee copies of the amendments which are Exhibit E.
Marlene Henderson, Registrar of Voters, Washoe County, told the committee she has read S.B. 539 and also the federal bill signed by the President. She stated she concurs that the amendments to this bill will bring us into compliance with federal law.
Mr. Erquiaga explained to the committee the language changes which had to be made in S.B. 539 and are contained on Exhibit E. There was some discussion from the committee members.
Ms. Henderson stated there is nothing Nevada can do about complying with federal law, but she suggested the State of Nevada increase the efficiency in which they check for felons. She told the committee she would like to be able to access a compatible list for the computer system which contains a list of felons which can then be compared with the registered voter list.
Senator Nevin stated he agreed with the concept Ms. Henderson is suggesting. He feels this system would help enhance the already existing federal law.
Mr. Erquiaga stated a central registry for felons has been discussed for a number of years in this state. He explained it would require the legislature to require the clerks of the state district court to notify the secretary of state of a conviction.
Caren Jenkins, Principal Research Analyst, Legislative Counsel Bureau, stated Senator Raggio asked before the description of the bill began and she wanted it noted for the record:
The only area in the measure which overlaps with current law or duplicates a portion of the bill that is before the senate currently is in section 30, that removal of voter registration when you register your motor vehicle. That is the only section that overlaps current law or Senate Bill 250...I wanted to be certain that with Dale's statement...this bill doesn't do anything that we don't have to do that the feds [federal government] have mandated, that the changes from may to shall and shall to may [within the bill] that are proposed by the secretary of state to current law are mandated by the federal law and not just a method of making implementation easier.
SENATE BILL 250: Makes various changes to provisions governing elections.
Chairman O'Connell suggested Mr. Erquiaga and Ms. Henderson get together and come to an agreement on the amendments to S.B. 539.
Senator Nevin asked Chairman O'Connell to consider the felon request which Washoe County suggested. He explained he feels it is a good approach and with this everything will be covered at one time rather than duplicating work.
Chairman O'Connell closed the hearing on S.B. 539 and opened the hearing on Senate Bill (S.B.) 250.
SENATE BILL 250: Makes various changes to provisions governing elections.
Chairman O'Connell stated Senator Ernest Adler brought up a point on the senate floor on Tuesday on section 43 of the bill. She explained Senator Adler's concern is somebody might be disenfranchised because they left their identification at home and would not be allowed to vote without identification.
Senator Hickey stated he feels that is a real issue and questioned whether or not it is constitutional to prevent an individual from voting who did not present identification.
Chairman O'Connell stated she spoke with the secretary of state and the secretary of state is asking the committee to make a committee amendment to delete that section of the bill. She also stated Senator Joseph Neal is requesting an amendment to provide a challenge box at every polling district so nobody would be disenfranchised if they came to vote. They would be allowed to vote and their vote would go into a challenge box. At the end of the day the challenge box would be gone through and the registrars would decide the validity to each of the challenges.
Chairman O'Connell stated if the request for an amendment dealing with the challenge boxes has not been made, the committee should make it part of their amendment which is Exhibit F.
SENATOR HICKEY MOVED FOR A COMMITTEE AMENDMENT TO DELETE SECTION 43, PAGE 12 OF S.B. 250 AND THEN REQUEST THE INFORMATION IF NOT ALREADY REQUESTED BY SENATOR JOSEPH NEAL.
SENATOR RHOADS SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR LOWDEN WAS ABSENT FOR THE VOTE.)
* * * * *
There being no further business, Chairman O'Connell adjourned the hearing at 5:00 p.m.
RESPECTFULLY SUBMITTED:
Tanya Morrison,
Committee Secretary
APPROVED BY:
Senator Ann O'Connell, Chairman
DATE:
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Senate Committee on Government Affairs
June 16, 1993
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