MINUTES OF THE

      SENATE COMMITTEE ON GOVERNMENT AFFAIRS

 

      Sixty-seventh Session

      June 29, 1993

 

 

 

The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 9:45 p.m., on Tuesday, June 29, 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:

 

Senator Ernest E. Adler, Capital Senatorial District

 

 

STAFF MEMBERS PRESENT:

 

Caren Jenkins, Principal Research Analyst

Tanya Morrison, Committee Secretary

 

 

OTHERS PRESENT:

 

Irene Porter, Executive Director, Nevada Home Builders Association

Pat Coward, Lobbyist, Nevada Land Title Association

Barbara McKenzie, Lobbyist, City of Reno

Robin Holabird, Deputy Director, Motion Picture Division, State of     Nevada

Tim Carlson, Executive Director, Economic Development, State of Nevada

Kateri Cavin, Deputy Attorney General, Ethics Commission, State of     Nevada

Mark Balen, Lobbyist, Professional Firefighters of Nevada

Stephanie Tyler, Lobbyist, Regional Transportation Commission (RTC)

 

 

 

Chairman O'Connell opened the meeting on Assembly Bill (A.B.) 696.

 

ASSEMBLY BILL 696:      Creates Tricounty Railway Commission.

 

Senator Ernest E. Adler, Capital Senatorial District, spoke on A.B. 696.  He told the committee this bill sets up a tri-county railway committee which includes Carson City, Lyon and Storey counties.  He explained there are two members from Carson City, one member from Lyon County, one member from Storey County and one member from the Virginia and Truckee Historical Railway Society.  He stated the primary objective is to restore the railway route between Carson City and Storey County going along the Carson River, up through Moundhouse and so forth and to do that they have to acquire the right-of-way and build the track.  He explained the tri-county railway can then enter into a franchise agreement to have somebody operate the historical trains.  He told the committee there is a provision in the bill which allows for room tax, property tax or sales tax upon voter approval and they will be allowed to accept gifts and lease or dispose of property.  He told the committee this will not just be a railway because they are allowed to construct walkways, parkways and bicycle paths along the railway which will make this a linear park type concept where people can ride bikes and have picnics in these areas. 

 

      SENATOR HICKEY MOVED TO DO PASS A.B. 696.

 

      SENATOR NEVIN SECONDED THE MOTION.

 

      THE MOTION CARRIED.  (SENATOR RHOADS WAS ABSENT FOR THE VOTE.)

 

      * * * * *

 

Chairman O'Connell closed the hearing on A.B. 696 and opened the hearing on Assembly Bill (A.B.) 652.

 

ASSEMBLY BILL 652:      Makes various changes relating to Carson City.

 

Senator Adler told the committee the mayor of Carson City is very much in favor of this bill.

 

      SENATOR NEVIN MOVED DO PASS A.B. 652.

 

      SENATOR HICKEY SECONDED THE MOTION.

 

      THE MOTION CARRIED.  (SENATOR RHOADS WAS ABSENT FOR THE VOTE.)

 

      * * * * *

 

Chairman O'Connell closed the hearing on A.B. 652 and opened the hearing on Assembly Bill (A.B.) 177.

 

ASSEMBLY BILL 177:      Makes various changes to requirements of division of land.

 

Irene Porter, Executive Director, Nevada Home Builders Association, spoke to the committee on A.B. 177.  She explained this bill came out of an interim study committee on which Senator Rhoads and Senator Nevin served.  She stated it is primarily a technical corrections bill.  She told the committee the subdivision law has not been updated since 1977, which is 16 years.  She explained to the committee they have updated surveying, parcel maps and dividing land into large maps.  She stated there is an Amendment No. 1161 to this bill which is Exhibit C.

 

Senator Hickey asked why this bill has been amended several different times.

 

Ms. Porter stated there were originally five bills and this bill with the amendment is a compilation of those five bills. 

 

Pat Coward, Lobbyist, Nevada Land Title Association, stated his organization is in favor of the bill and amendment.

 

Chairman O'Connell had some discussion with Ms. Porter regarding the bill and the amendment.

 

      SENATOR HICKEY MOVED TO AMEND AND DO PASS A.B. 177.

 

      SENATOR NEVIN SECONDED THE MOTION.

 

      THE MOTION CARRIED.  (SENATOR CALLISTER WAS ABSENT FOR THE VOTE.)

 

      * * * * *

 

Chairman O'Connell closed the hearing on A.B. 177 and opened the hearing on Assembly Concurrent Resolution (A.C.R.) 36.

 

ASSEMBLY CONCURRENT RESOLUTION 36:      Urges persons in charge of state buildings to display flag of National League of Families of American prisoners and missing in Southeast Asia.

 

Senator Nevin explained A.C.R. 36 is a resolution which urges state buildings to display these flags which will be donated by the league at no cost to the state.

 

 

 

 

 

 

      SENATOR HICKEY MOVED TO DO PASS A.C.R. 36.

 

      SENATOR NEVIN SECONDED THE MOTION.

 

      THE MOTION CARRIED UNANIMOUSLY.

 

      * * * * *

 

Chairman O'Connell closed the hearing on A.C.R. 36 and opened the hearing on Assembly Bill (A.B.) 27.

 

ASSEMBLY BILL 27:Makes various changes to charter of City of Reno.

 

Barbara McKenzie, Lobbyist, City of Reno, spoke on A.B. 27.  She gave the committee copies of an amendment for this bill, which is Exhibit D.  She explained this amendment was suggested by the assembly side after it was passed out of their committee.  She stated this bill changes the charter for the City of Reno.

 

Senator Raggio stated with regard to the amendment will the scores be published with the list of individuals.

 

Ms. McKenzie stated they would not list the scores, but the Civil Service Commission may decide to do that and that would be left up to their discretion.

 

Senator Rhoads asked why the judges are being given a raise in the middle of their term.

 

Ms. McKenzie stated the judges came to the city council and asked that they be given that ability so they would all make the same amount of money. 

 

Senator Rhoads stated he feels this is a bad portion of the bill and he cannot support it with that provision for the judges in there.

 

Senator Nevin stated the problem is the judges serve staggered terms and it would be best if they all made the same wage.

 

Mark Balen, Lobbyist, Professional Firefighters of Nevada, stated they are the major opposition to this bill and he asked the committee to enter into the record, on the Senate floor on the following day, the agreement his organization made with the City of Reno, which is Exhibit E.

 

 

 

 

 

      SENATOR NEVIN MOVED TO AMEND WITH AMENDMENT NO. 1252 AND DO PASS A.B. 27.

 

      SENATOR RAGGIO SECONDED THE MOTION.

 

      THE MOTION CARRIED.  (SENATOR LOWDEN, SENATOR RHOADS AND SENATOR O'CONNELL VOTED NO.)

 

      * * * * *

 

Chairman O'Connell closed the hearing on A.B. 27 and opened the hearing on Assembly Bill (A.B.) 762.

 

ASSEMBLY BILL 762:      Authorizes commission on economic development to charge fees for certain services it provides.

 

Robin Holabird, Deputy Director, Motion Picture Division, State of Nevada, spoke in favor of A.B. 762.  She explained this allows the Motion Picture Division to charge for certain services.  She stated this bill was developed by Senator Bob Coffin after the budget had been through the senate.  She pointed out the bill relates to the Motion Picture Division's funding which has already been approved by both houses.  She explained this bill allows the Motion Picture Division to raise additional money to be used for contract services and some of the methods included would be selling advertising in the division's annual production directory or charging for special listings or workshops and possibly an entry fee into the Nevada Screenwriter's Contest. 

 

Tim Carlson, Executive Director, Economic Development, State of Nevada, told the committee this bill is intended to make up the difference in relationship to the budget which was already approved by the legislature.  He stated the directory his office publishes can be turned into a directory which would explain the services offered by a particular company.  He gave the committee copies of a letter of intent of A.B. 762 from Senator Mike McGinness, which is Exhibit F.  Mr. Carlson stated Senator McGinness has a valid concern and agreed to submit the letter of intent so it is understood the commission is not intending this to bring in large sums of money to bring in industry.  He explained the intent in this bill is to cover some of the areas they feel they can expand upon and provide better services primarily in the movie industry.

 

 

 

 

 

 

 

      SENATOR HICKEY MOVED TO DO PASS A.B. 762.

 

      SENATOR RAGGIO SECONDED THE MOTION WITH THE PROVISION IT IS UNDERSTOOD IN THE MINUTES THAT THE LETTER FROM SENATOR MCGINNESS IS INCLUDED IN THESE MINUTES, WHICH IS EXHIBIT F.

 

      THE MOTION CARRIED UNANIMOUSLY.

 

      * * * * *

 

Chairman O'Connell closed the hearing on A.B. 762 and opened the hearing on Assembly Bill (A.B.) 766.

 

ASSEMBLY BILL 766:      Revises provisions governing regional transportation commissions.

 

Stephanie Tyler, Lobbyist, Regional Transportation Commission (RTC), spoke on A.B. 762.  She stated the main focus of this bill is on lines 13 and 14 which codify the current practice of the Regional Transportation Commissions in both Clark County and in Washoe County and that is of appointing members that are current office holders in the regional government in those areas.  She told the committee she has worked with Senator Hickey on an amendment which will be basically amending back to the original language the changes on pages 2 and 3 as well as on page 3 it would change back lines 3 and 4 and also on page 4 lines 34 and 35.  The language should be amended back to the existing language.  She also stated she requested an amendment on page 2 lines 23 and 24 where they amended out "for transit or other highway and transportation purposes."  She explained that would allow the RTC to obtain funding, for example, for additions to the bus station operation, so she stated it would not just be for the transportation or construction part of it.

 

Chairman O'Connell asked Ms. Tyler what is the purpose of the funding they are trying to obtain.

 

Ms. Tyler stated, for example, the RTC is in the process of building a center for the city lift operation which is the paratransit operation and they were able to obtain federal funding for that through a transportation grant.  She explained there are several other federal grants that the RTC has been unable to make a request for, because of the language which limits the RTC's ability to obtain federal funds for purposes of highways and transportation.

 

Senator Hickey stated there are some special funds set aside by the federal government that they can apply to these special projects.

 

Ms. Tyler stated the last change in the bill is in several sections, but particularly on page 3, line 4 to change the reference to the Nevada Revised Statutes (NRS) which is due to a previous bill which rearranged the RTC language in the three different section sites to make them more compatible.

 

After some discussion, Chairman O'Connell called for a motion.

 

      SENATOR HICKEY MOVED TO AMEND AND DO PASS A.B. 766.

 

      SENATOR NEVIN SECONDED THE MOTION.

 

Senator Hickey stated for the record:

 

      I will bring the amendment to the floor and if it is agreeable there we will amend it and move it out.  We are going to take out the brackets in section 1 on line 2 and 3.  We are going to take the brackets out of 23, 24 and here is the language, 'Allow for grants for the handicapped.'  No, just delete the brackets on lines 23 and 24.

 

      THE MOTION CARRIED.  (SENATOR O'CONNELL VOTED NO.)

 

      * * * * *

 

Chairman O'Connell closed the hearing on A.B. 766 and opened the hearing on Assembly Bill (A.B.) 603.

 

ASSEMBLY BILL 603:      Coordinates provisions concerning contracts between public officer or employee and public agency.

 

 

Kateri Cavin, Deputy Attorney General, Ethics Commission, State of Nevada, spoke in support of A.B. 603.  She explained the purpose of the bill is to clarify some things having to do with state employees being able to contract with the government.  She told the committee the important part of the bill is section 1.  She explained in this section it prohibits state employees and public officers from contracting with government agencies.  She stated the next three sections of section 1 create some exceptions to that.  She explained subsection 2 is an exception for anyone who is a member of a board or commission.  She stated these individuals would be allowed to contract with the state if certain criteria are met, but the exceptions would be they could not contract with their own board and they would not be able to take part in developing the contract plans or specifications or be personally involved in opening, considering or accepting the bids.

 

Senator Hickey asked why there are these exceptions in this bill.

 

Ms. Cavin stated as it stands now there are individuals who serve on boards and commissions in this state who also contract with the state.

 

Senator Hickey asked why the legislature should make some exceptions and what ethic conflict promulgated the need for this bill.

 

Ms. Cavin stated there are times where a board, by statute, is comprised of certain professionals by statute.  She gave the committee an example, telling them one case she knows of, which was the State Board of Equalization had to have an appraiser on the board, but the appraiser also contracted with state lands to do appraisals of lands.  She explained that job had nothing to do with the State Board of Equalization or Taxation.  She told the committee this is why they need some exemptions in this bill and this would allow him to do both jobs.

 

Senator Hickey stated in his position as a state senator he cannot contract with the state and therefore he feels the state should not change their ethics by making exceptions to the rule.

 

Ms. Cavin stated this part is not specifically in the ethics law.  She explained some people serve on boards because they are engineers or architects, but if they are not allowed to contract with the state they may not want to serve on those boards.

 

Senator Hickey stated that may be true, but are they the only architects in the state.  He explained his argument is what harm will it do if the legislature keeps the law pure without any exceptions.

 

Senator Callister stated he appreciates the comments of his colleague, but he disagrees with him.  He explained this is an exemption that already exists for state legislators, because the legislators wanted to protect the nonprofessional legislature.  He further explained the legislators did not want to compel a scenario where they made a choice between their career or public service.  He stated he respectfully submits that this is a much needed exemption for those who also serve in other aspects of public life on a professional board.  He speculated there is scarcely an engineer or architect in this state who would make the choice to serve on the board if he knew it meant he could never bid on any state work.  Senator Callister stated there is an exemption that is being sought here that is worth protecting and it goes to the very heart of retaining a nonprofessional system of government which he feels is worth promoting and maintaining.

 

Senator Hickey stated Senator Callister's point is well taken, but the reason for ethics is so individuals inside the government do not have an inside into contracts which would benefit them.

 

Ms. Cavin stated Section 1 of the bill also has an exception for the university faculty in section 1.

 

      SENATOR CALLISTER MOVED TO DO PASS A.B. 603.

 

      SENATOR NEVIN SECONDED THE MOTION.

 

      THE MOTION CARRIED.  (SENATOR O'CONNELL AND SENATOR HICKEY VOTED NO.  SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)

 

      * * * * *

 

 

There being no further business, Chairman O'Connell adjourned the meeting at 11:00 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 29, 1993

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