MINUTES OF THE
SENATE Committee on Legislative Affairs and Operations
Seventieth Session
May 6, 1999
The Senate Committee on Legislative Affairs and Operations was called to order by Chairman Jon C. Porter at 3:00 p.m., on Thursday, May 6, 1999, in Room 2144 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 Jon C. Porter, Chairman
Senator Mark A. James, Vice Chairman
Senator Raymond D. Rawson
Senator Dina Titus
Senator Bernice Mathews
Senator Maggie Carlton
COMMITTEE MEMBERS ABSENT:
Senator William J. Raggio (Excused)
GUEST LEGISLATORS PRESENT:
Senator Michael (Mike) A. Schneider, Clark County Senatorial Dist. No. 8
Assemblywoman Christina R. Giunchigliani, Clark County Assembly Dist. No. 9
STAFF MEMBERS PRESENT:
Lorne J. Malkiewich, Director, Legislative Counsel Bureau
Robert E. Erickson, Committee Policy Analyst
Scott G. Wasserman, Chief Committee Counsel
Emory L. Crews, Committee Secretary
OTHERS PRESENT:
Andrea L. Reitan, Deputy Chief of Staff, Director of Communications, Office of the Lieutenant Governor
Thomas G. Tait, Executive Director, Commission on Tourism
James W. Hulse, Lobbyist, Common Cause
Chairman Porter opened the meeting with a request for introduction of Bill Draft Request R-1729.
BILL DRAFT REQUEST (BDR) R-1729: Expresses concern regarding proposals redefining space in which aircraft may be flown over Grand Canyon. (Later introduced as Senate Joint Resolution 21.)
Andrea L. Reitan, Deputy Chief of Staff, Director of Communications, Office of the Lieutenant Governor, stated she would yield to Thomas Tait who would provide the committee with information on BDR R-1729.
Thomas G. Tait, Executive Director, Commission on Tourism, said his office has always been supportive of the efforts of the Grand Canyon Tour Council and various tour operators in southern Nevada to continue their service over the Grand Canyon. He said approximately 500,000 people travel annually over the Grand Canyon from the Las Vegas area and another 300,000 from various points in Arizona. He said they bring in about $375 million annually as a direct result of these over-flights.
Mr. Tait stated the National Parks Service (NPS) is developing a noise- abatement program in the Federal Aviation Administration (FAA) Reauthorization Bill, HR1000, that redefines airspace over the Grand Canyon and will cause a significant disruption in the commerce and trade that exists through the air-tour businesses in Las Vegas. He said that 92 percent of the visiting public state that they are not adversely affected by the noise levels over the park, and the NPS only receives eight letters of complaint about noise for every million visitors. Mr. Tait said he would support admission of BDR R-1729.
Senator Titus said there must be some reason why the NPS would want to address a noise-abatement program and without hearing that testimony her position would be to not make a motion on BDR R-1729. She said the language of the resolution does not state opposition to proposals redefining the airspace, and if the definition were changed to read having "concern" over the proposal rather than "opposition," she would have no problem with the bill.
Mr. Tait stated he had no objections to the change.
Chairman Porter requested a motion.
SENATOR MATHEWS MOVED TO INTRODUCE BDR R-1729
SENATOR RAWSON SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAGGIO WAS ABSENT FOR THE VOTE.)
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Chairman Porter opened the hearing on Senate Joint Resolution (S.J.R.) 17.
SENATE JOINT RESOLUTION 17: Proposes to amend Nevada Constitution to extend terms of office for members of Assembly and Senate. (BDR C-1145)
Senator Michael (Mike) A. Schneider, Clark County Senatorial District No. 8 provided a letter, dated April 6, 1999 (Exhibit C), and a second letter, dated May 4, 1999 (Exhibit D), from the Nevada attorney general. Senator Schneider said he and the attorney general feel S.J.R. 17 is a form of campaign finance reform, places more stability in the Legislature, and should be presented to the public.
Jones W. Hulse, Lobbyist, Common Cause, said he opposes S.J.R. 17 because any lengthening of terms would broaden the gap of public participation and does not agree the resolution would be a campaign finance reform.
Chairman Porter closed the hearing on S.J.R. 17 and opened the hearing of Senate Concurrent Resolution (S.C.R.) 23.
SENATE CONCURRENT RESOLUTION 23: Directs Legislative Commission to conduct interim study of manner of determining prospective cost to state of legislative measures proposing increases in criminal penalties resulting in longer prison sentences. (BDR R-1535)
Senator Schneider said crime has fallen because the economy is so good and the population is aging. He said there is not much correlation between sentencing and crime as a deterrent. He stated penalties have increased and are a large mandate on the state, and he does not believe penalty increases have brought the crime rate down.
Senator James said some common ground on this proposed study in S.C.R. 23 would be to analyze the kind of things the Legislature makes as criminal acts in terms of incarceration.
Chairman Porter closed the hearing on S.C.R. 23 and opened the hearing of Assembly Concurrent Resolution (A.C.R.) 5.
ASSEMBLY CONCURRENT RESOLUTION (A.C.R.) 5: Amends Joint Rules of Senate and Assembly to restrict consideration of certain legislation. (BDR R-42)
Assemblywoman Christina R. Giunchigliani, Clark County Assembly District No. 9, said A.C.R. 5 asks the consideration of amending the joint-rules resolution for memorials and commendations to be done on Friday afternoons. She said there could be exceptions. She suggested this procedure could be considered to become effective for the next legislative session.
Senator Titus suggested a day other than Friday be considered.
Chairman Porter said there would be other suggestions forthcoming from legislators on this subject, such as having a committee in each house in charge of resolutions.
Chairman Porter closed the hearing on A.C.R. 5 and opened the hearing of Assembly Bill (A.B.) 631.
ASSEMBLY BILL 631: Makes various changes regarding administration of state legislature and legislative counsel bureau. (BDR 17-820)
Lorne J. Malkiewich, Director, Legislative Counsel Bureau, presented the members of the committee with a handout (Exhibit E) that depicts the numbers of measures that may be requested for drafting by entity with possible amendments to those requests. He also provided proposed amendments to A.B. 631, First Reprint, (Exhibit F) of which he said he had spoken to the Governor’s office, and all of the amendments are supported by the Governor’s office and signed off by the leadership of the Assembly. Mr. Malkiewich also provided committee members with handouts of graphs and charts that show the increase in number of bills from 1987 through 1997 (Exhibit G).
Senator Carlton asked if a legislator puts in a bill draft request during session and does not get reelected, what happens to the bill draft request?
Director Malkiewich said in the past those bills were put on hold, and if a legislator does return that particular bill will be delivered to the returning legislator.
Director Malkiewich stated less work is accomplished with the 120-day limitation than before with a 160-day session. He said if bills are reduced by combining them, the workload is not reduced, in fact it makes the bill more difficult to process. He remarked it is tougher to do an amendment if you have to look through different sections to see what else has to be reconciled. He said it is also easier if bill requests are received early. He stated it is desired to push for more bill drafting during the September-to-January time period.
Senator James recommended that only constitutionally-elected officials be able to request bill drafts.
Director Malkiewich suggested perhaps one alternative is that local and county governments, and others, submit bills to some type of legislative mechanism for consideration/approval instead of directly to the legal division for drafting. He said perhaps the Legislative Commission could intercede on approving drafts. He stated a standing committee would be too costly.
Senator James stated the Legislative Commission is made up of members from both houses and chances are that a standing committee would be the committee of jurisdiction of the issue.
Chairman Porter interjected that a lot of time is spent in committees on issues that are not huge policy decisions and could be handled without requiring legislative approval.
Chairman Porter closed the hearing on A.B. 631 and adjourned the meeting at 4:40 p.m.
RESPECTFULLY SUBMITTED:
Emory L. Crews,
Committee Secretary
APPROVED BY:
Senator Jon C. Porter, Chairman
DATE: