MINUTES OF THE
SENATE COMMITTEE ON GOVERNMENT AFFAIRS
Sixty-seventh Session
June 28, 1993
The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 2:40 p.m., on Monday, June 28, 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:
Christina R. Giunchigliani, Assemblywoman, District No. 9
Richard Perkins, Assemblyman, District No. 23
STAFF MEMBERS PRESENT:
Lorne J. Malkiewich, Legislative Counsel, Legislative Counsel Bureau Dan Miles, Fiscal Analyst, Legislative Counsel Bureau
Caren Jenkins, Principal Research Analyst
Diana Gamble, Committee Secretary
OTHERS PRESENT:
Paula Berkley, Lobbyist, Walker River Paiute Tribe
James Barber, Lobbyist, Clark County General Services Department
Stephanie D. Licht, Secretary, Board of Sheep Commissioners, State of Nevada
Kirby Burgess, Lobbyist, Clark County
Susan Preator, Personnel Department, Clark County
Ben Graham, Lobbyist, Clark County District Attorney's Office
Jack Jeffrey, Lobbyist, Southern Nevada Building and Construction Trades Council
Frank McDonald, Labor Commissioner, Office of Labor Commissioner
Lewis Ling, Deputy Attorney General, Office of Labor Commissioner
Paula Treat, Lobbyist, Peace Officers Research Association of Nevada (PORAN),
Ernest Nielsen, Lobbyist, Washoe Legal Services
Larry Struve, Director, Nevada Department of Commerce
Michelle Bero, Lobbyist, Nevada Association of Counties
Barbara McKenzie, Lobbyist, City of Reno
Marvin Leavitt, Lobbyist, City of Las Vegas
Jim Nadeau, Lieutenant, Washoe County Sheriff's Office
Randy Oaks, Captain, Las Vegas Metro Police Department
Chairman O'Connell opened the meeting on Assembly Bill (A.B.) 653.
ASSEMBLY BILL 653: Requires department of transportation to convey certain real property to United States for use of Walker River Paiute Tribe.
Paula Berkley, Lobbyist, Walker River Paiute Tribe, told the committee this bill is basically a transfer of title. She explained the Department of Transportation (DOT) bought approximately 2 acres of land on the Walker River Paiute tribe reservation for $50 in 1936. She told the committee in 1966 the DOT abandoned this property. She stated since 1966 the Paiute tribe has been using the land as a fire station and the tribe now requests the land be transferred back to the Walker River Paiute Tribe. She gave the committee a letter which is Exhibit C from Garth Dull, Director, Department of Transportation. She told the committee the letter states it is alright with Mr. Dull that the DOT return the land to the tribe.
Chairman O'Connell asked Ms. Berkley to submit the property lines involved in this parcel of land and as much information as to where it is actually located.
Ms. Berkley agreed to do that.
SENATOR NEVIN MOVED TO DO PASS A.B. 653.
SENATOR LOWDEN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR HICKEY, SENATOR CALLISTER AND SENATOR RHOADS WERE ABSENT FOR THE VOTE.)
* * * * *
Chairman O'Connell closed the hearing on A.B. 653 and opened the hearing on Assembly Bill (A.B.) 415.
ASSEMBLY BILL 415: Raises threshold for requiring advertisement of competitive bids for purchases by local government.
James Barber, Lobbyist, Clark County General Services Department, told the committee A.B. 415 is intended to benefit local government purchasing departments throughout the State of Nevada. He read from prepared testimony which is Exhibit D.
Senator Lowden asked Mr. Barber if he was convinced this bill will save counties money.
Mr. Barber stated he believed that to be true.
Senator Raggio asked if the informal bidding process is accessible to all persons interested and who have demonstrated some financial responsibility.
Mr. Barber stated the county would not go to everyone on the bid list for informal bids. He explained the only time the county would use the entire bid list is when they are working with a formal bid. He told the committee what would normally happen is there may only be 10 or 12 responses out of the 50 individuals on the list.
Chairman O'Connell stated the problem she feels is the smaller counties will not go to bid on any project, because the caps are too high for small county budgets for the year.
Mr. Barber stated if a smaller county's governing body wishes to have more control, Chapter 332 of Nevada Revised Statutes allows if the small county wants to stay at the current limit or an even lower limit than that, there is nothing in the law that keeps the smaller counties from doing so. He explained if the smaller counties want to stay at the current thresholds, it is fine.
Senator Hickey asked if there is a preferred vendors list.
Mr. Barber stated there is a vendors list that is used for formal bids and then the county can draw from the same list on informal bids, but they do not contact every vendor on the list if it is an informal bid.
Senator Hickey asked Mr. Barber if that practice would leave the counties open to lawsuits from minorities and the disadvantaged who should have access to these lists.
Mr. Barber stated he feels by raising the discretionary limit it increases the county's ability to try previously unused small, handicapped or minority vendors even more so than they have been able to do in the past. He maintained he sees this as a positive for those groups.
Chairman O'Connell closed the hearing on A.B. 415 and opened the hearing on Assembly Bill (A.B.) 782.
ASSEMBLY BILL 782: Reorganizes administrative structure of executive department of state government.
Lorne J. Malkiewich, Legislative Counsel, Legislative Counsel Bureau, gave testimony to the committee on A.B. 782. He told the committee the contents of this bill have been approved in the budget. He briefly explained the departments contained in this bill for the committee.
Dan Miles, Fiscal Analyst, Legislative Counsel Bureau, testified on A.B. 782. He stated he was here to answer any questions regarding the fiscal end of this bill.
Mr. Malkiewich finished explaining this bill to the committee and answered the questions of the committee members.
Senator Raggio directed the committee's attention to the diagram which is Exhibit E. He explained it shows the differences between the Governor's recommendation for reorganization and the current organization. He further explained currently there are 21 departments and a number of free-standing agencies and boards and commissions. He pointed out the Governor has recommended 13 departments and some free-standing agencies in A.B. 782 which is reflected on page 2 of Exhibit E. He stated there is, for all intents and purposes, no material change in the proposed reorganization from that which the legislators were briefed upon just recently by Mr. Malkiewich. He emphasized Exhibit E is the best outline the committee could have to explain the changes from A.B. 782. He did emphasize the 13 departments which are in this bill approved by the joint committees and the assembly are not exactly the same as the Governor's, but they are the same as the legislators were briefed upon earlier, as mentioned.
Mr. Malkiewich and Mr. Miles answered the few questions the committee members had with regard to the explanation of A.B. 782.
Stephanie D. Licht, Secretary, Board of Sheep Commissioners, State of Nevada, spoke on A.B. 782. She gave the committee members a copy of suggested amendments to A.B. 782 which are Exhibit F.
SENATOR HICKEY MOVED TO DO PASS A.B. 782.
SENATOR RAGGIO SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR CALLISTER WAS ABSENT FOR THE VOTE.)
* * * * *
Chairman O'Connell closed the hearing on A.B. 782 and opened the hearing on Assembly Bill (A.B.) 39.
ASSEMBLY BILL 39:Makes various changes concerning county employees.
Kirby Burgess, Lobbyist, Clark County, testified on A.B. 39. He brought two individuals to help him explain this bill.
Susan Preator, Personnel Department, Clark County, read prepared testimony to the committee which is Exhibit G.
Ben Graham, Lobbyist, Clark County District Attorney's Office, spoke on A.B. 39. He told the committee the district attorney is asking to have deputy district attorneys in the staff level in Clark County under the county merit program. He explained there are currently 100 deputy district attorneys in Clark County, and it is the feeling of the county personnel people with the growth of the county and the department it is an appropriate time to bring them into the merit program. He pointed out it would provide for uniform hiring, discipline and discharge procedures and would, in effect, codify what has been the general practice for quite some time. He told the committee it would eliminate the gray areas and bring in a body of case law with regard to discipline and firing as well as hiring.
Senator Raggio stated this is a policy which he does not favor, with respect to section 2 of the bill. He feels it is unusual it has been suggested for one county only, but historically the district attorney of a county, an elected official, has had the right to appoint or retain, upon his or her election, the deputy district attorneys. He stated he does not understand why this is being proposed, but his hunch is to prohibit a newly elected district attorney of Clark County, from appointing or removing deputy district attorneys. He stated he feels this bill is a step in the wrong direction.
Mr. Graham stated the reason this is applied to the largest county is because they have increased to the point where they have nearly 100 deputy district attorneys and it is felt in the smaller counties it would not be appropriate, because they are more like a small law firm. He explained the district attorney would still be able to appoint his/her cabinet from the assistant to personnel people and county council and others who would be subject to the district attorney's call. He stated he respects Senator Raggio's position, but he hopes the members of the committee could see the merit to this as well.
Senator Raggio asked how many deputy attorneys would be excluded from this bill.
Mr. Graham stated it would be the top five or six of district attorneys unless there is cause to dismiss any others.
Senator Raggio stated he feels this would be a serious disservice to a newly elected district attorney.
Senator Callister stated he shared Mr. Graham's respect for Senator Raggio's experience as one who served in that capacity, but he also suggested with all the arguments that were made there is an inverse side to this bill. He told the committee the newly elected district attorneys should have a little bit more free reign, but not such a free reign as to throw out everybody who he or she, perhaps, did not like. He stated these elections increasingly have become very bitter. He asked if anybody had looked into other municipalities of the same size as Clark County and asked how they handle these problems.
Mr. Graham stated the 46 largest jurisdictions in California are under the merit program, the city of Tucson is also under the merit program as is Phoenix. He explained the larger district attorney's offices in California and the surrounding states are under the merit program and seem to be working well.
Senator Callister told the committee he respects Senator Raggio's comments, but he feels this is a good bill and urged the committee's support.
Senator Raggio stated his opposition to this bill once again. After some committee discussion, Chairman O'Connell asked for a motion on this bill.
SENATOR HICKEY MOVED TO DO PASS A.B. 39.
SENATOR NEVIN SECONDED THE MOTION.
SENATOR RAGGIO MADE A MOTION TO AMEND THE BILL BY DELETING SECTION 2 AND DO PASS SECTION 1 OF A.B. 39.
SENATOR RHOADS SECONDED THE MOTION.
Mr. Graham stated he respectfully requests that Senator Raggio's amendment be rejected.
Senator Callister stated to delete section 2 of this bill is essentially deleting the whole bill.
THE AMENDMENT TO THE MOTION FAILED. (SENATOR O'CONNELL, SENATOR LOWDEN, SENATOR HICKEY, SENATOR NEVIN AND SENATOR CALLISTER VOTED NO.)
THE MOTION TO DO PASS A.B. 39 CARRIED. (SENATOR RAGGIO VOTED NO.)
* * * * *
Chairman O'Connell closed the hearing on A.B. 39 and opened the hearing on Assembly Joint Resolution (A.J.R.) 39.
ASSEMBLY JOINT RESOLUTION 39:Urges Congress to oppose North American Free Trade Agreement unless certain changes are made.
Danny Thompson, Lobbyist, Nevada AFL-CIO, spoke on A.J.R. 39. He stated what this resolution proports to do is to urge Congress not to ratify the North American Free Trade Agreement (NAFTA) unless they consider the nine items listed in the back of the resolution. He also told the committee his organization opposes the direct impact NAFTA will have on farmers in America and more specifically, in Nevada, the beef growers in Nevada. He told the committee NAFTA intends to preempt the meat import act of 1979 which limits United States (U.S.) beef imports to protect U.S. producers from being put out of business by highly subsidized beef exports from Europe or by low price beef from rain forest regions of Central and South America. He pointed out some other problems NAFTA will create if this agreement is passed by Congress. Mr. Thompson answered the questions the committee members had on this bill, and then Chairman O'Connell called for a motion on this resolution.
SENATOR RHOADS MOVED TO DO PASS A.J.R. 39.
SENATOR LOWDEN SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR HICKEY AND SENATOR NEVIN WERE ABSENT FOR THE VOTE.)
* * * * *
Chairman O'Connell closed the hearing on A.J.R. 39 and called for a break.
Chairman O'Connell reconvened the meeting and she opened the hearing on Assembly Bill (A.B.) 414.
ASSEMBLY BILL 414: Makes various changes relating to public works projects.
Jack Jeffrey, Lobbyist, Southern Nevada Building and Construction Trades Council, spoke on A.B. 414. He told the committee the amendment to this bill does become the whole bill. He explained the amendment to the committee which is Exhibit H.
Frank McDonald, Labor Commissioner, Office of Labor Commissioner, spoke on A.B. 414. He stated his agency is in favor of this bill and they do not look at it as a penalty, but as a deterrent.
Lewis Ling, Deputy Attorney General, Office of Labor Commissioner, spoke in favor of A.B. 414. He gave the committee members some examples of why they need this bill.
After some discussion with the committee members, Chairman O'Connell called for a motion on this bill.
SENATOR RHOADS MOVED TO AMEND A.B. 414 WITH AMENDMENT NO. 1187 AND DO PASS AS AMENDED.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman O'Connell closed the hearing on A.B. 414 and opened the hearing on Assembly Bill (A.B.) 575.
ASSEMBLY BILL 575: Consolidates provisions conferring powers of peace officer.
Paula Treat, Lobbyist, Peace Officers Research Association of Nevada (PORAN), spoke on A.B. 575. She explained PORAN requests to take all references in the statutes which state the phrases "peace officers" or "peace officer powers" and condense them in one section of the Nevada Revised Statutes. She stated these references to peace officers are not easily located in the statutes so it is difficult to determine who has the powers and what powers are there. She told the committee she feels this bill will make accessing these powers in the statutes much easier for PORAN.
SENATOR NEVIN MOVED TO DO PASS A.B. 575.
SENATOR LOWDEN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman O'Connell closed the hearing on A.B. 575 and opened the hearing on Assembly Bill (A.B.) 152.
ASSEMBLY BILL 152: Allows counties and cities to finance projects on behalf of corporations for public benefit and projects for affordable housing through issuance of certain revenue bonds.
Christina R. Giunchigliani, Assemblywoman, District No. 9, spoke on A.B. 152. She stated this bill allows for promoting the social welfare of the residents of the county by enabling corporations for public benefit to acquire, develop, expand and maintain facilities that provide services for those residents. She explained this bill allows for counties to offer bonds that nonprofit organizations could apply for.
Ernest Nielsen, Lobbyist, Washoe Legal Services, stated A.B. 152 enables cities and counties who cannot issue these private activity revenue bonds for affordable housing by charitable corporations to be able to issue these bonds. He explained some of the limitations set forth in the bill which were the product of negotiation with a number of individuals.
Chairman O'Connell asked for a little more background on how the bonding part of this bill works and how it will fit in with the overall debt rate.
Mr. Nielsen stated this is outside the debt rate and will not effect the cap.
Larry Struve, Director, Nevada Department of Commerce, stated the housing division does support A.B. 152 in the form that is before the committee. He emphasized Mr. Nielsen is correct in advising that any of these bonds issued by local governments will be special limited- purpose revenue bonds. He pointed out these bonds do not impact the general obligation of either the state or local government. He explained this bill gives a new tool to local governments, if they have some sophisticated investors who want to help in developing the affordable housing as defined in this bill. He stated his agency agrees there is a housing shortage in this state.
SENATOR NEVIN MOVED TO DO PASS A.B. 152.
SENATOR CALLISTER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman O'Connell closed the hearing on A.B. 152 and opened the hearing on Senate Bill (S.B.) 381.
SENATE BILL 381: Requires specific additional source of revenue for local governments when new or increased program or service is required.
Senator Raggio stated the committee had held this bill for an amendment. He explained this is the unfunded mandate bill. He reminded the committee they had a concern on this bill because the language was so overly broad. He told the committee the amendment helps tighten up the language in the bill.
Michelle Bero, Lobbyist, Nevada Association of Counties, told the committee they are in support of this bill and the amendment.
SENATOR RAGGIO MOVED TO AMEND AND DO PASS S.B. 381.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman O'Connell closed the hearing on S.B. 152 and opened the hearing on Assembly Bill (A.B.) 320.
ASSEMBLY BILL 320: Amends charter of City of Reno to revise method for election of members of city council.
Barbara McKenzie, Lobbyist, City of Reno, testified in favor of A.B. 320. She explained this bill reflects voter-approved changes in the process for elections in the City of Reno. She told the committee it was passed by 55 percent of the vote for voting at the ward level in the primary and city-wide in the general election.
Senator Raggio stated he needed some clarification. He asked how the mayor and councilmen are elected in the City of Reno.
Ms. McKenzie stated there is one mayor, one-at-large council member and five ward council members. They are presently voted on city-wide at the primary and city-wide at the general. She explained the ward candidates must live within their ward, but they are voted on by every registered voter in the city.
Senator Raggio stated this bill will change this so the candidate for councilman who represents a specific ward in the primary will only be voted upon by the registered voters in that ward. He further stated the mayor and councilmen-at-large in the primary are voted on city-wide, but the councilmen who represent a district must still reside in that district. He also asked if in the general election everyone who runs for those offices are voted on at-large.
Ms. McKenzie stated that was correct.
SENATOR RAGGIO MOVED TO DO PASS A.B. 320.
SENATOR CALLISTER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman O'Connell closed the hearing on A.B. 320 and opened the hearing on Assembly Bill (A.B.) 153.
ASSEMBLY BILL 153: Directs coordination of governmental collection of money and information from business.
Christina R. Giunchigliani, Assemblywoman, District No. 9, stated A.B. 153 started out as two paragraphs long, but through many hours of hard work by a subcommittee and a lot of input from businesses, county, city and state government they were able to put together what she feels is a good government bill. She explained this bill is to consolidate fees, taxes and forms that business will have to fill out either at the city, county or state level and hopefully at some time, the federal level. She stated the intent is over 2 years to begin to pull together all the information a business has to fill out so eventually it will all be put together on one or two forms.
SENATOR NEVIN MOVED TO DO PASS A.B. 153.
SENATOR LOWDEN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman O'Connell closed the hearing on A.B. 153 and opened the hearing on Assembly Bill (A.B.) 641.
ASSEMBLY BILL 641: Provides specifically for certain consolidations of local governmental services.
Christina R. Giunchigliani, Assemblywoman, District No. 9, stated A.B. 641 started out as a mandate and originally focused on Clark County and the City of Las Vegas to begin to look at consolidation of those two entities. She explained this wound up being enabling legislation which was requested by the members of the Assembly Committee on Government Affairs to make it available to any county and city in the state so the population cap was removed. She stated it is fully enabling, but not mandatory language.
Senator Hickey asked what is preventing these consolidations by statute.
Marvin Leavitt, Lobbyist, City of Las Vegas, stated he does not know of any statute preventing this now, but this bill gives the entities specific authorization for consolidation.
Chairman O'Connell asked if the rest of the committee members were concerned about the open meeting law becoming part of this bill.
Senator Raggio stated any motion made should include this bill be subject to the open meeting law if it is, in fact, not otherwise.
After some discussion by the committee, Chairman O'Connell called for a motion on the bill.
SENATOR RAGGIO MOVED TO DO PASS A.B. 641 WITH THE UNDERSTANDING THAT IT BE AMEND AND DO PASS IF NECESSARY TO INCLUDE IT WITHIN THE OPEN MEETING LAW.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman O'Connell closed the hearing on A.B. 641 and opened the hearing on Assembly Bill (A.B.) 593.
ASSEMBLY BILL 593: Revises provisions relating to investigation of alleged misconduct of peace officer.
Senator Raggio asked if in the interest of time, he had suggested an amendment to this bill previously and he understands the proponents are in agreement with the amendment and if that is the case it could save some time. He stated the amendment would be as follows:
It is on line 7 and it would read as follows...the controversy seemed to be over a specific time, hours within which an agency could interrogate a peace officer so the amendment would read as follows; 'the agency shall' and you would strike the hours and say, 'within a reasonable time before any interrogation or hearing is held relating to an investigation of the activities of a peace officer which may result in punitive action, provide written notice' and then there would be an insert, 'if practical under the
circumstances to the officer.' The next sentence would be stricken. I think the remainder of the bill would remain as suggested. I would have to ask the proponents here if that meets with their approval.
Richard Perkins, Assemblyman, District No. 23, stated the language is agreeable to himself and the individuals he had been working with on the bill.
Jim Nadeau, Lieutenant, Washoe County Sheriff's Office, stated his agency concurs with the amendment.
Chairman O'Connell stated her concern is what they consider a reasonable length of time.
Randy Oaks, Captain, Las Vegas Metro Police Department, told the committee a reasonable period of time is hard to define because each situation is going to be different and each situation has a different set of facts and circumstances to be considered. He explained there is a Civil Service Board who reviews the peace officers' actions, but if the peace officers take some actions with the officer or the association who represents him feels the time period is not reasonable then it will be subject to a grievance. He stated the grievance would be brought before the board who can then look at the facts independently and determine if what was done as an agency or supervisor was reasonable.
Senator Raggio added this is usual language which can be found in many statutes of this kind and it depends upon the circumstances. He explained that was the objection to having a specific period of time before anybody could interrogate an officer.
SENATOR RAGGIO MOVED TO AMEND AND DO PASS A.B. 593.
SENATOR CALLISTER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
There being no further business, Chairman O'Connell adjourned the meeting at 8:45 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 28, 1993
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