The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 12:30 p.m., on Friday, February 12, 1999, in Room 2149 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

COMMITTEE MEMBERS PRESENT:

Senator Ann O'Connell, Chairman

Senator William J. Raggio, Vice Chairman

Senator Jon C. Porter

Senator Joseph M. Neal, Jr.

Senator Terry Care

COMMITTEE MEMBERS ABSENT:

Senator Dina Titus (Excused)

Senator Bill R. O’Donnell

STAFF MEMBERS PRESENT:

Crystal Suess, Committee Secretary

OTHERS PRESENT:

Chairman O’Connell indicated the meeting would commence as a subcommittee. She maintained the first order of business would be the introduction of two bill draft requests (BDRs).

Warren B. Hardy III, Lobbyist, City of North Las Vegas, expressed his intent to speak in favor of Bill Draft Request (BDR) S-117.

Mr. Hardy pointed out the City of North Las Vegas uses beautification fees primarily for graffiti abatement in the city and has noticed that a great deal of graffiti takes place in the older parts of town. He continued the beatification fee is charged per individual water hookup but the City of North Las Vegas would like to change the wording to say per dwelling. He said some citizens feel they are subsidizing because an apartment complex is charged one 25-cent charge for the entire building. The city would like to have one fee per dwelling space.

Chairman O’Connell requested a motion on BDR S-117.

SENATOR RAGGIO MOVED FOR COMMITTEE INTRODUCTION OF BDR S-117.

SENATOR PORTER SECONDED THE MOTION.

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Chairman O’Connell closed the hearing on BDR S-117 and opened the hearing on BDR 23-656.

Scott W. Anderson, Deputy Secretary, Commercial Recording Division, Office of the Secretary of State, read a statement (Exhibit C) that was prepared by Charles Moore, Securities Administrator, Securities Division, Office of the Secretary of State.

Mr. Anderson clarified the purpose of this bill is to include criminal investigators employed by the Office of the Secretary of State as peace officers who are certified by the Peace Officers’ Standards Training Committee (P.O.S.T.) He continued P.O.S.T. certification would also allow investigators access to criminal background information which is not available to non-peace officers.

Chairman O’Connell pointed out Assembly Bill 24 was referred to the Committee on Government Affairs yesterday and the Chairman of the Senate Committee on Judiciary challenged the referral so A.B. 24 should be re-referred to the Senate Committee on Judiciary.

SENATOR PORTER SECONDED THE MOTION.

Chairman O’Connell commented S.B. 138 had been withdrawn.

SENATOR RAGGIO MOVED TO INDEFINITELY POSTPONE S.B. 138.

SENATOR PORTER SECONDED THE MOTION

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Chairman O’Connell introduced S.B. 139.

Bill Moell, Chief, Purchasing Division, Department of Administration stated S.B. 139 authorizes the transfer of state excess property to another state agency without cost. The reimbursement of the fund of the original purchase is deferred until the asset is no longer of use to the state. The purpose of this bill is to encourage the reutilization of the state excess property by state agencies. He continued, stating the transfer of assets between differently funded agencies is difficult. Since needy agencies are unaware of the items that will be declared excess by the agency of original purchase, planning for the acquisition of excess equipment is difficult. He pointed out often the agencies most likely to utilize excess equipment are the most monetarily challenged. The Purchasing Division believes the utilization of this process will not be extensive and the fiscal impact, over the long run, will be minimal. However, the few agencies taking advantage of this program will benefit greatly.

Chairman O’Connell asked Mr. Moell if the committee had in fact acted on this issue in a previous session, per Senator Jacobsen’s request.

Mr. Moell stated Senator Jacobsen had introduced a bill in a previous session which would allow the equipment to be rented. This is not happening. He stated last Legislative Session other ways were tried to encourage reutilization and this approach is the end result. Mr. Moell clarified the brand inspector, state parks, buildings and grounds and other agencies where funds are limited, which could use and benefit from surplus property, were encouraged to use excess equipment. Primarily this property would come from highway funded agencies.

Senator Care inquired if there was a current statute which mandates the state to sell excess property at "reasonable market value."

Mr. Moell asserted the position of the state is always to sell at top dollar when the property is no longer needed in state service; nevertheless, some properties are obsolete whereby they retain little or no value.

Senator O’Connell informed the committee that no action could be taken at this time and requested additional comments.

Carole A. Vilardo, Lobbyist, Nevada Taxpayers Association, stated last session the legislature put into effect a provision in law that allowed computers to be donated to an educational foundation who in turn would refurbish the units for schools. The problem that arose consisted of a $95 charge pertaining to the issue of sale which eliminated the ability to accomplish the purpose of the bill. Unfortunately the counties that want to donate the equipment also have to face this $95 charge.

Mr. Moell countered that there was some miscommunication. The Purchasing Division has literally tried to give away the surplus computers to the prison industries, but were informed that these surplus computers were not acceptable because they were already receiving some from private industry. He pointed out that these computers, the 286s and 386s, are virtual paperweights. If a school or institution cannot be found for refurbishing, the computers get thrown away. Mr. Moell stated again that if the computers can be given away the fees will be waived.

Senator Porter asked why the computers could not be given away. Was it because the computers were not wanted or the statutes do not allow the excess property to be given away? He declared there are hundreds of families that would love to have computers for their kids.

Mr. Moell reiterated the priority is to reallocate the properties to another state agency; and if that cannot be done, then the computers go to auction with the going price of about five dollars per pallet. There have been numerous attempts to get the prison in Las Vegas to refurbish the computers for the program already in place.

Senator Porter conveyed that he would find a place for the computers.

Senator Raggio interjected he too had tried to donate computers to the school district after upgrades in his law firm, but the school would not take them because the computers were not capable of hooking up to the Internet. The "Partners in Education" however did accept them.

Mr. Moell stated computer classes were found that would take the units for the purpose of repair training. He indicated there may be a windfall with the current Y2K issue making these older computers more attractive, but as far as the prison industries are concerned there is just no interest.

Mrs. Vilardo commented the prison industries had been in the process of making programs and a facility available for inmates to refurbish the computers so they would have viable work experience upon release; however, the money charged was still an issue.

Mr. Moell reiterated to the committee the fee could be waived on a limited basis. The issue is where to place the surplus of computers.

Mrs. Vilardo suggested to look at organizations other than the educational foundation for refurbishing. She stated there are a number of non-profit agencies that would be grateful to have these computers which would be excellent for teaching children the basics of keyboarding and commands.

Chairman O’Connell interjected children in first, second and third grades quite possibly could benefit from these less advanced computers.

Mr. Moell stated these computers are available for the taking.

Chairman O’Connell pointed out Mrs. Vilardo and Mr. Moell should work together to find viable recipients for the surplus of computers, while the committee would consider a friendly amendment to the bill. She asked for further testimony or discussion.

There being no further discussion the meeting was adjourned at 12:52 p.m.

RESPECTFULLY SUBMITTED:

Crystal Suess,

Committee Secretary

APPROVED BY:

Senator Ann O'Connell, Chairman

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