MINUTES OF THE

ASSEMBLY Committee on Elections, Procedures, and Ethics

Seventieth Session

May 24, 1999

 

The Committee on Elections, Procedures, and Ethics was called to order at 5:12 p.m., on Monday, May 24, 1999. Chairwoman Chris Giunchigliani presided in Room 3138 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Guest List. All Exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

 

COMMITTEE MEMBERS PRESENT:

Ms. Chris Giunchigliani, Chairwoman

Mr. Bob Price, Vice Chairman

Mr. Bob Beers

Mr. Joseph Dini, Jr.

Ms. Sheila Leslie

Ms. Kathy McClain

Ms. Sandra Tiffany

Ms. Kathy Von Tobel

COMMITTEE MEMBERS EXCUSED:

Mr. Richard Perkins

STAFF MEMBERS PRESENT:

Scott G. Wasserman, Chief Committee Counsel

Michael Stewart, Committee Policy Analyst

Jodie Van Wyhe, Committee Secretary

OTHERS PRESENT:

Robert Erickson, Research Director, Research Division, Legislative Counsel Bureau

Henry Etchemendy, Executive Director, Nevada Association of School Boards

Chairwoman Giunchigliani opened the work session on A.C.R. 13 for discussion and distributed a handout produced by Michael Stewart, committee policy analyst (Exhibit C). She stated all resolutions contained in the work session document would be heard before she would entertain a motion.

 

Assembly Concurrent Resolution 13: Directs Legislative Commission to continue study of system of juvenile justice in Nevada. (BDR R-224)

 

Chairwoman Giunchigliani stated A.C.R. 13 had been sponsored by the Committee on Elections, Procedures, and Ethics on behalf of the Legislative Commission’s study of the system of the juvenile justice in Nevada. The proposed amendments:

1. Specified the committee consist of four members of the Assembly and four members of the Senate; and

2. Added language authorizing the committee to appoint an advisory committee to consult with and assist with the study concerning juvenile justice.

Chairwoman Giunchigliani asked if there were any further questions or comments. Hearing none, she closed the work session on A.C.R. 13, opened the work session on A.C.R. 29, and asked for discussion.

 

Assembly Concurrent Resolution 29: Directs Legislative Commission to conduct interim study for maintenance of state parks. (BDR R-1558)

 

As noted in the work session document, the proposed actions were:

1. To send a letter to the Department of Taxation requesting the Department of Taxation to conduct a survey of other states to determine what dedicated tax and other funding sources other states used to fund and support the acquisition, development, renovation, operations, and maintenance of their park systems; and

2. Stipulated within the letter that the survey include an analysis and be submitted to the legislature prior to the 2001 Legislative Session to allow legislators to make subsequent recommendations.

Assemblywoman Von Tobel stated if the study was not approved, then the letter of intent would be the next best option. Chairwoman Giunchigliani stated she had forgotten to mention during budget closings, the state parks system had been given an additional $100,000 for the purpose of maintenance during the biennium.

Discussion ensued about an appropriation. Assemblywoman Tiffany questioned why there was a $3 million appropriation given to Elko, and Chairwoman Giunchigliani stated she did not know. Assemblyman Dini stated the money for Elko dealt with the reconstruction of the trail in the Elko area. According to the bill, the State of Nevada would allot $1 million, the county of Elko would allot $1 million, the city of Elko would allot $1 million, and the Federal Government would match the amount. Chairwoman Giunchigliani stated the trail was actually the Donner Trail used by the settlers crossing into Nevada. Assemblyman Dini stated if not dealt with during the current session, then the next session could address the issue as the bill had no fiscal impact upon the legislature.

Chairwoman Giunchigliani asked if there were any further questions or comments. Hearing none, she closed the work session on A.C.R. 29 with the recommendation that a legislative letter be sent to the Department of Taxation.

Chairwoman Giunchigliani opened the work session on A.C.R. 32 and asked for discussion. Assemblyman Thomas sponsored A.C.R. 32.

 

Assembly Concurrent Resolution 32: Directs the Legislative Commission to conduct an interim study to develop comprehensive state energy policy. (BDR R-1573)

 

The proposed action was to send a letter to the Department of Business and Industry, Nevada State Energy Office, and other commissions dealing with energy issues requesting consideration of concepts and issues raised in

A.C.R. 32. The letter would express the need for continued investigation into other uses of solar, wind, geothermal, and other renewable energy resources and consideration of the cost-effective production and delivery of energy.

The committee agreed to send the letter regarding the renewable energy sources as proposed in the work session document. Chairwoman Giunchigliani opened the work session on A.C.R. 35 and asked for discussion.

 

 

Assembly Concurrent Resolution 35: Directs Legislative Commission to conduct interim study concerning evaluation of sex offenders by panels.

(BDR R-1651)

 

Chairwoman Giunchigliani stated the committee had requested outside public input be added to the study. The proposed action was to send a letter to Gary Crews, legislative auditor, requesting an audit and evaluation of the psyche panel hearing procedure for sex offenders.

Chairwoman Giunchigliani asked if there were any further questions or comments. Hearing none, she closed the work session on A.C.R. 35. She opened the work session on A.C.R. 36, and asked for discussion.

 

Assembly Concurrent Resolution 36: Directs Legislative Commission to conduct interim study of availability of health care in rural areas of this state.

(BDR R-1695)

 

The proposed action was to send a letter to the chairman of the Legislative Committee on Health Care requesting the committee consider, during the 1999-2000 legislative interim, the availability and need of health care in rural areas of Nevada and other issues as specified in A.C.R. 36.

Chairwoman Giunchigliani stated the issues had been thoroughly studied, and she felt the chairman of the health care committee could look at all the studies and return next session with a recommendation on health care in the rural areas of Nevada. Assemblyman Dini suggested language in the letter include a suggestion that the Legislative Committee on Health Care utilize existing data when creating a report or discussing the availability of health care in the rural areas in Nevada. Assemblywoman McClain suggested the rural health office from the University of Nevada, Reno also be utilized when collecting pertinent information on rural health care.

Chairwoman Giunchigliani asked if there were any further questions or comments. Hearing none, she closed the work session on A.C.R. 36, opened the work session on A.C.R. 46, and asked for discussion.

 

Assembly Concurrent Resolution 46: Directs Legislative Commission to conduct interim study concerning statutory limitation on damages that may be awarded to person in tort action against State of Nevada, its political subdivisions or certain other persons. (BDR R-1717)

 

Chairwoman Giunchigliani stated the proposed amendments:

1. Specified the committee consist of four members of the Assembly and four members of the Senate with at least two members from the Assembly Committee on Judiciary and two members from the Senate Committee on Judiciary; and

2. Added to the advisory committee authorized on page 2, lines 6 through 13, one representative of the Nevada Association of School Boards.

Chairwoman Giunchigliani requested clarification from Henry Etchemendy, executive director, Nevada Association of School Boards, as to the reason for the representative from the school board being proposed for the resolution. Mr. Etchemendy stated the main reason was the liability that arose due to the use of buses and the involvement of children. He felt there was a high liability potential for any school or school board through the use of school buses. When asked about the number of representatives included on the advisory committee proposed in A.C.R. 46, Chairwoman Giunchigliani stated she felt that specifying too many representatives might detract from the effectiveness of the advisory committee.

Chairwoman Giunchigliani asked if there were any further questions or comments. Hearing none, she closed the work session on A.C.R. 46, opened the work session on A.C.R. 53, and asked for discussion.

 

Assembly Concurrent Resolution 53: Directs Legislative Commission to conduct interim study of integration of state and local child welfare systems in this state. (BDR R-1712)

 

Chairwoman Giunchigliani stated the proposed amendment:

Specified the committee consist of four members of the Assembly and four members of the Senate.

She asked if there were any further questions or comments. Hearing none, she closed the work session on A.C.R. 53, opened the work session on A.C.R. 67, and asked for discussion.

 

Assembly Concurrent Resolution 67: Directs Legislative Commission to conduct interim study concerning misdemeanors. (BDR R-1747)

 

Chairwoman Giunchigliani stated the proposed amendments:

1. Specified the committee consist of five members of the Assembly and five members of the Senate with at least one member from the Assembly Committee on Judiciary and one member from the Senate Committee on Judiciary; and

2. Added language authorizing the committee to appoint an advisory committee to consult with and assist with the study.

Chairwoman Giunchigliani stated the need for flexibility for appointments to ensure every legislator had the opportunity to serve on the study committee. Assemblyman Dini suggested the numbers on each committee be left at four members, rather than five per house. Chairwoman Giunchigliani stated the reason for choosing five members was because there had been no number suggested in the resolution. The committee agreed to have four members from each house on the interim study committee proposed in A.C.R. 67.

Chairwoman Giunchigliani stated she would entertain a motion to approve resolutions A.C.R. 13, A.C.R. 46, A.C.R. 53, and A.C.R. 67 as interim committee studies from the Assembly with additional language to be added to A.C.R. 67 to change the number from five to four members on the committee from each house, the addition of the extra language in A.C.R. 36 to include University of Nevada, Reno, and other amendments as shown in the work session document. She stated she would also entertain a motion at the same time for the letters to be sent as so indicated in the work session document, Exhibit C, on A.C.R. 29, A.C.R. 32, A.C.R. 35, and A.C.R. 36.

 

ASEMBLYWOMAN MCCLAIN MOVED TO AMEND AND DO ADOPT A.C.R. 13, A.C.R. 46, A.C.R. 53, AND A.C.R. 67 AS AMENDED AND MOVED THAT LETTERS TO BE SENT REGARDING A.C.R. 29, A.C.R. 32, A.C.R. 35, AND A.C.R.36.

ASSEMBLYWOMAN LESLIE SECONDED THE MOTION.

THE MOTION CARRIED. ASSEMBLY PERKINS WAS NOT PRESENT FOR THE VOTE.

 

Chairwoman Giunchigliani asked if there were any further questions or comments. Assemblywoman Tiffany asked if it was known yet how many studies the Senate would request for the interim. Chairwoman Giunchigliani stated she knew the Senate was looking at studies on possible foster care,

long-term care, increasing penalties for criminal behavior, businesses, Medicaid, and causes and solutions for pollution in Clark County. She stated the study that included Geographic Information Systems (GIS) and reapportionment was not assessed in the limit on the number of studies proposed by both houses, as it was considered an ongoing issue. The funding for programs associated with GIS and reapportionment had already been allotted to the Legislative Counsel Bureau budget for $250,000, and most of the software had been purchased for the systems.

Chairwoman Giunchigliani recognized Robert Erickson, research director, Research Division, Legislative Counsel Bureau. He stated he believed the Senate might be interested in considering interim studies on air pollution, long-term care, Medicaid, and businesses and might not address the issue of foster care. He felt the Senate was interested in looking at health care issues as well. Chairwoman Giunchigliani stated that one house did not typically tell the other house which studies to authorize. Mr. Erickson agreed and stated he had not been told what interim studies the Senate would actually authorize and was merely reporting his perspective based on public testimony regarding the study proposals.

Assemblywoman Tiffany asked how many studies were to be approved. Chairwoman Giunchigliani stated there were 17 statutory committees to be held with 7 other studies not classified as interim studies. Mr. Erickson read a list of the other studies to be conducted during the 1999-2000 legislative interim. The studies included topics relating to well users, school safety, higher education, correctional institutions, retirement benefits, redistricting, Lake Tahoe, and state and local taxes.

Chairwoman Giunchigliani asked if there were any further questions or comments. Hearing none, the committee was recessed subject to the call of the Chair at 5:40 p.m., in case a subsequent meeting was needed before the end of session.

 

 

 

 

 

RESPECTFULLY SUBMITTED:

 

 

Jodie Van Wyhe,

Committee Secretary

 

APPROVED BY:

 

 

Assemblywoman Chris Giunchigliani, Chairwoman

 

DATE:

 

A.C.R.13 Directs Legislative Commission to continue study of system of juvenile justice in Nevada. (BDR R-224)

A.C.R.46 Directs Legislative Commission to conduct interim study concerning statutory limitation on damages that may be awarded to person in tort action against State of Nevada, its political subdivisions or certain other persons. (BDR R-1717)

A.C.R.53 Directs Legislative Commission to conduct interim study of integration of state and local child welfare systems in this state. (BDR R-1712)

A.C.R.67 Directs Legislative Commission to conduct interim study concerning misdemeanors. (BDR R-1747)