MINUTES OF THE
SENATE COMMITTEE ON GOVERNMENT AFFAIRS
Sixty-seventh Session
June 30, 1993
The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 5:48 p.m., on Wednesday, June 30, 1993, in Room 227 of the Legislative Building, Carson City, Nevada. There was no Meeting Agenda. Exhibit A 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
Ricka Benum, Committee Secretary
OTHERS PRESENT:
Dale A. R. Erquiaga, Deputy Secretary for Elections, Office of
the Secretary of State
Robert Hadfield, Lobbyist, Nevada Association of Counties
Ande Engleman, Lobbyist, Nevada Press Association
Kirby Burgess, Lobbyist, Clark County
Kit Weaver, Assessor, Carson City
Irene Porter, Lobbyist, Southern Nevada Homebuilders Association
Michele Bero, Lobbyist, Nevada Association of Counties
Lucille Lusk, Lobbyist, Nevada Coalition of Conservative Citizens
Stan Warren, Lobbyist, Sierra Pacific Resources
Brian G. Herr, Lobbyist, Nevada Bell
Robert L. Seale, State Treasurer, Office of the State Treasurer
Lawrence J. Semenza, Lobbyist, Circus Circus Enterprises, Inc.
Mary E. Henderson, Lobbyist, Washoe County
Chairman O'Connell opened the hearing with discussion of Amendment No. 1190 to Senate Bill 250.
SENATE BILL 250: Makes various changes to provisions governing elections. (BDR 24-542)
Dale A. R. Erquiaga, Deputy Secretary for Elections, Office of the Secretary of State, briefly outlined the amendments incorporated into S.B. 250 by the assembly.
Mr. Erquiaga explained the major changes serve to establish a program for early voting, which allows for Saturday and evening hour voting. A provision was added to allow voting at alternative polling places within a county. He explained the portion referring to alternative polling places is permissive language and therefore left to the option of the individual counties. However, Mr. Erquiaga stated that sections 20 through 20.65 of the amendment would make the early voting program mandatory.
The next election provision included in Amendment No. 1190 explained by Mr. Erquiaga would require county clerks to maintain an alphabetical listing of registered voters, and to have it published in local a newspaper.
Mr. Erquiaga explained that current law requires the smaller counties to publish a registered voter list; Clark and Washoe Counties have been exempt. As amended the bill would require Clark and Washoe Counties to maintain and publish the list also.
Senator Lowden questioned if the financial impact on the larger counties was discussed during the assembly hearings.
Mr. Erquiaga pointed out that representatives from both counties were present for the Assembly Committee on Elections and Procedures hearings and voiced no objection. He noted this applies to section 67 of S.B. 250.
Senator Raggio asked Mr. Erquiaga if an estimated cost was given during assembly hearings. Secondly, he asked if Mr. Erquiaga had some idea of the cost to publish lists of that size.
Responding, Mr. Erquiaga said Clark County estimated the cost to be approximately $100,000, and in Washoe County the estimated cost would be $60,000.
Robert Hadfield, Lobbyist, Nevada Association of Counties, (NACO) responding to comments from the committee, agreed that 15 of the counties in the state are already required to publish the voter lists. He was under the impression that the mandate language reads, "if the funding is available," and therefore would not represent a problem. Mr. Hadfield did not wish to speak for the county representatives as to whether or not the county funding was available.
The chairman asked Mr. Erquiaga if the language was permissive.
Mr. Erquiaga replied no, that if passed as amended publishing would be required, just as it is mandated in the other 15 counties. During assembly hearings the cost of publishing was justified as providing an important notice to voters who may think they are registered but are not, he explained.
Ande Engleman, Lobbyist, Nevada Press Association, told the committee that publishing the list of registered voters in the rural counties has prevented fraud and is very popular with the voters. Ms. Engleman said it has proved to be a successful method to notify the voters.
Ms. Engleman informed the committee that the charge to publish the registered voter list is set by statute and the fee has not been changed in 20 years. The fee is 10 cents a name for 7-point type and 15 cents a name for 8-point type. She commented that every newspaper in the state looses money in publishing the list, but they view it as a public service.
Senator Lowden questioned Mr. Erquiaga if the registrars from Clark and Washoe counties testified during assembly hearings. Secondly, she asked if they addressed the issue or if they currently have funding to cover the cost of publishing.
Mr. Erquiaga said representatives of the registrars' offices from both counties testified the cost would be included in the budgets they submit to the county commissioners.
Several of the committee members expressed concern with mandating a cost of this magnitude to the counties.
Mr. Erquiaga concluded his outline of the remaining changes contained in Amendment No. 1190. The provisions removed from S.B. 250 were the numbered absent ballot request form, and the receipt for voter registration. The condensed list of absentee ballots was changed to a full list of absentee voters, including names and addresses. Mr. Erquiaga commented the Office of the Secretary of State views this as a better bill as amended.
Several members of the committee expressed concern with the provision that mandates publishing the registered voter list.
SENATOR NEVIN MOVED NOT TO CONCUR WITH AMENDMENT NO. 1190
TO S.B. 250.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR CALLISTER WAS ABSENT FOR THE VOTE.)
* * * * *
Chairman O'Connell asked for discussion on Amendment No. 1198 to S.B. 474.
SENATE BILL 474: Makes various changes relating to public works projects. (BDR 28-1401)
SENATOR NEVIN MOVED TO CONCUR WITH AMENDMENT NO. 1198 TO
S.B. 474.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR CALLISTER WAS ABSENT FOR THE VOTE.)
* * * * *
SENATE BILL 154: Revises provisions governing notice of hearing for proposed zoning changes. (BDR 22-1133)
Senator Callister explained the amendment addresses the concerns of the homebuilders representatives. He suggested the committee concur with the amendment.
SENATOR CALLISTER MOVED TO CONCUR WITH AMENDMENT NO. 980
TO S. B. 154.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman O'Connell told the committee she was informed of problems with amendments to A.B. 177.
ASSEMBLY BILL 177: Makes various changes to requirements of division of land. (BDR 22-339)
Kirby Burgess, Lobbyist, Clark County, explained he was made aware that county treasurers have expressed opposition to the bill as amended. Mr. Burgess indicated the Carson City Treasurer is enroute to testify.
Kit Weaver, Assessor, Carson City, expressed agreement with the second reprint and supported passage of A.B. 177.
Irene Porter, Lobbyist, Southern Nevada Homebuilders Association, explained that during the last legislative session the county treasurers were successful in amending the subdivision law. At that time, the property taxes on parcels of land to be subdivided, were changed from "paid current" to "paid in full." That change in wording has required contractors to pay the full amount of property taxes in advance, without the benefit of quarterly installments, before recording a final subdivision map. Continuing, Ms. Porter stated the reasoning behind the change was to provide the counties that money a year in advance. Basically, the treasurers' oppose the provision in A.B. 177 that would change the law back to the tax method used prior to last session. According to Ms. Porter, the assessors' helped draft the language in A.B. 177 which refers to re-assessing and splitting parcels.
In Ms. Porter's opinion, the current tax payment method is unfair to the landowner who is required to pay a full year in advance. She indicated that was also the consensus of the persons who served on the advisory committee during the interim study on subdivision laws.
Ms. Porter added:
...we are concerned about the severe fiscal impact in this bill. Rather than lose 18 months of work, done by a lot of people in this state...and loose the whole bill ...if this can not be worked out...I would suggest eliminating the assessors language, and eliminating what the interim study committee had recommended and go back to the same tax language...and perhaps we can resolve this problem in the next year and half so people are not paying enormous amounts of unnecessary property tax a year in advance.
Chairman O'Connell requested Ms. Porter to meet with the county treasurers in an attempt to resolve the property tax concerns.
SENATOR NEVIN MOVED TO HOLD A.B. 177 FOR FURTHER INFORMATION ON THE FINANCIAL IMPACT.
SENATOR HICKEY SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman O'Connell indicated the next order of business would be discussion of Amendment No. 1042 to A.B. 90.
ASSEMBLY BILL 90:Restricts employment of certain former public officers and employees of executive branch of government. (BDR 23-254)
Senator Raggio reminded the committee there was opposition testimony from the insurance commissioner. He requested that the commissioner be called to reiterate concerns expressed during previous testimony and speak to Amendment No. 1042.
ASSEMBLY BILL 592: Adjusts fees charged by local governments for certain services. (BDR 20-464)
Mr. Hadfield introduced Michele Bero, Lobbyist, Nevada Association of Counties (NACO), and distributed copies of a prepared handout to the committee (Exhibit B). Mr. Hadfield indicated they had spent a great deal of time compiling the research contained in the handout.
Mr. Hadfield stated that A.B. 592 serves to address county fees that have not been increased, some in more than a decade.
Ms. Bero explained her research of the fee statutes was aided by the Legislative Counsel Bureau. They assisted in identifying the statutes allowing counties to receive fees. She reviewed the statutes from that time forward to compare fee increases.
In response to questions from Senator Hickey, Mr. Hadfield explained he was contacted by representatives of the public utilities. Inadvertently, the language on page 8, line 22 of A.B. 592 creates a problem with public utility trade contracts. He suggested changing "public body" to "local government" and indicated that legislative counsel suggested that line 27 be amended as well.
Chairman O'Connell questioned the reasons justifying the large increases of the amounts proposed. In response, Mr. Hadfield stated that if the fee increases had been addressed in a comprehensive way and a timely fashion over the previous years, there would not be a need for proposing such large increases.
Stan Warren, Lobbyist, Sierra Pacific Resources, testified the amended language he discussed with Mr. Hadfield addressed his concerns.
Chairman O'Connell requested that Senator Rhoads work out suitable language with Ms. Engleman, Mr. Hadfield and Mr. Warren.
Lucille Lusk, Lobbyist, Nevada Coalition Conservative Citizens, also offered support for A.B. 592.
Brian G. Herr, Lobbyist, Nevada Bell, suggested amending the measure by creating a separate section to address the public utility concerns. The chairman requested Mr. Herr to work with Senator Rhoads and the others to reach an agreement on the wording.
The hearing was closed on A.B. 592 and Chairman O'Connell requested testimony on A.B. 727:
ASSEMBLY BILL 727: Revises provisions governing purchase of municipal securities by Nevada. (BDR 30-2020)
Robert L. Seale, State Treasurer, Office of the State Treasurer, explained the bill is an expansion of the municipal bond bank that allows for more participation on the part of local governments. Mr. Seale stated in the 12-year existence of the bond bank the state has made significant savings for local governments. Mr. Seale explained this is the same type of concept as the long-term local government investment pool.
SENATOR RAGGIO MOVED TO DO PASS A.B. 727.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman O'Connell requested an explanation of Amendment No. 1289 to A.B. 706.
ASSEMBLY BILL 706: Authorizes formation of district to defray cost of improving airport. (BDR 20-2090)
Lawrence J. Semenza, Lobbyist, Circus Circus Enterprises, Inc., explained the amendment changes the original concept of the bill. The amendment authorizes the fair and recreation board in a county of over 400,000 in population to allocate, on a permissive basis, $500,000 per year for a 3-year period, to an airport that is located not less than 90 miles by road from any airport owned by the county with 100 or more scheduled flights per day. Mr. Semenza said this describes the Laughlin Airport.
Senator Hickey asked if the fair and recreation board is in agreement with the language. Mr. Semenza stated yes, they were involved in working out language for this amendment.
SENATOR HICKEY MOVED TO AMEND AND DO PASS A.B. 706 WITH AMENDMENT NO. 1289.
SENATOR NEVIN SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Ms. Porter and Mr. Burgess approached the committee to propose the amended language to A.B. 177. Ms. Porter reported the problem concerning the treasurers focuses on a workload distribution issue rather than the financial impact of the bill. She indicated the major issue would be a computer software change between the two offices.
Mary E. Henderson, Lobbyist, Washoe County, testified that the assessor and treasurer are working out the software problems. It was indicated by Ms. Henderson that there was agreement from staff in Washoe County, that passage of A.B. 177 would not involve a significant cost to the county.
At the suggestion of Senator Raggio, it was decided by the committee to take action on the bill.
SENATOR RAGGIO MOVED AMEND AND DO PASS A.B. 177 SUBJECT
TO THE COMMITTEE'S APPROVAL OF THE AMENDMENT.
SENATOR CALLISTER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
Chairman O'Connell adjourned the meeting at 7:15 p.m.
RESPECTFULLY SUBMITTED:
Ricka Benum,
Committee Secretary
APPROVED BY:
Senator Ann O'Connell, Chairman
DATE:
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Senate Committee on Government Affairs
June 30, 1993
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