MINUTES OF THE
SENATE Committee on Legislative Affairs and Operations
Seventieth Session
May 11, 1999
The Senate Committee on Legislative Affairs and Operations was called to order by Chairman Jon C. Porter at 4:05 p.m. on Tuesday, May 11, 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 William J. Raggio
Senator Raymond D. Rawson
Senator Dina Titus
Senator Bernice Mathews
Senator Maggie Carlton
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:
Robert S. Hadfield, Lobbyist, Nevada Association of Counties
Thomas J. Grady, Lobbyist, Nevada League of Cities and Municipalities
Marta Golding Brown, Lobbyist, City of North Las Vegas
Elizabeth N. Fretwell, Lobbyist, City of Henderson
Chairman Porter opened the work session on 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 a document "Proposed Amendments to A.B. 631 (First Reprint)" (Exhibit C). He said A.B. 631 places into statute limitations on bill drafts. He stated there are 3 proposed changes: 1) The Governor has the authority he needs to get in his bills, and time limits apply as to when those bills arrive. 2) Legislators submit half their interim allocation of bills by September 1, and the other half by December 15, preceding session. 3) Limiting the total number authorized requests on the chart entitled "Number of Legislative Measures that May Be Requested for Drafting, by Entity" (Exhibit D).
Director Malkiewich said an issue that should be addressed is local government bill requests. He stated it is desired that bill requests arrive before September 1. He suggested these requests be submitted through a committee chairman.
Senator James said he had originally suggested that local government go through a committee chairman and agreed with Director Malkiewich.
Senator Carlton stated with this procedure the Legislature would be censuring bills. She said that just because the chairman does not want to introduce a bill does not mean other members of the committee are not interested in the bill. She said local elected officials have a right to the process as well as any elected official.
Senator Raggio agreed with Senator Carlton’s comments. He stated, however, there are too many bills, and something must be done to reduce the number of bills from what it is today.
Senator James stated local governments could still request bill drafts from any legislator. He said having local governments go through a committee chairman would occur during the interim, and the result would be the request for bills would be received early. He said having this procedure in effect is not censuring bills.
Robert Hadfield, Lobbyist, Nevada Association of Counties, stated there is merit in filtering bills, and he supported the committee’s efforts. He stated often there are conflicts, and he would encourage continued consensus between counties and legislators. He asked if either house could be selected for introduction, or if a committee chairman declines a bill request, could it then be requested of any legislator?
Thomas Grady, Lobbyist, Nevada League of Cities and Municipalities, said 117 is not a large number of bills when you consider 17 counties, 18 cities and 17 school districts. He stated that this session the cities were asked to hold down their bill requests, and the league only brought forward two bills because of the 120-day session. He said the collective entities could not work with fewer bills.
Lorne Malkiewich, Director, Legislative Counsel Bureau, stated the 117 figure would not actually be cut down. He stated the decrease would be from the overall ceiling.
Senator James stated he was shocked when he came to the Legislature to find lobbyists for local governments. He said if an issue needs addressing, the legislators are their elected officials, and the legislators should be their conduits for legislation. He said the most effective lobbyist the local governments have this session is Senator Porter. He remarked if there is a problem finding a legislator to introduce a bill, then maybe the request is not a good idea.
Mr. Grady stated he echoed that Senator Porter championed local governments. He said Senator Porter is also a full-time businessman in the off-session years, and if legislators did not have lobbyists to assist them with issues they would not have been ready in time to bring their bills forward.
Marta Golding Brown, Lobbyist, City of North Las Vegas, stated the local government entities need to work together during the interim so legislation that comes forward will be with a consensus approach.
Elizabeth N. Fretwell, Lobbyist, City of Henderson, stated that if a lobbyist could choose which house or which committee chairman would introduce a bill she would then be supportive of the change.
Senator Raggio stated in the past there has been a problem with non-legislator’s bills piling up in one house. He said this was because the drafter thought the request would have a better chance in one house than the other. He stressed there should be an equal balance in each house. Senator Raggio stated although lobbyists would like to choose which house would originate a bill request, he would be in opposition to that process.
Director Malkiewich stated bills would have to be approved by a committee chairman with jurisdiction, and then a rule provision would require equal distribution between each house.
Senator Titus stated she would oppose this process, because it would give too much power to the chairmen of committees to determine which bills would be drafted.
Senator Carlton stated the purpose of trying to receive a bill early would be defeated if lobbyists were required to submit through legislators. She said lobbyists would wait until session started, and legislators would be overwhelmed during session with bill requests.
Director Malkiewich stated the amendment could be worded to reduce county and city bill drafts and pass those drafts on to the Nevada Association of Counties and the Nevada League of Cities and Municipalities.
Senator Raggio stated he disagreed that asking someone to get approval for a bill draft would give a majority more power. He suggested amending the bill with Director Malkiewich’s suggestion of reducing the counties and cities and adding to the associations.
SENATOR RAGGIO MOVED TO AMEND AND DO PASS AS AMENDED ASSEMBLY BILL 631.
SENATOR JAMES SECONDED THE MOTION.
THE MOTION CARRIED. (SENATOR RAWSON WAS ABSENT FOR THE VOTE.)
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Chairman Porter opened the meeting to concur or not concur with Assembly Amendment No. 217 to Senate Current Resolution (S.C.R) 1.
SENATE CONCURRENT RESOLUTION 1: Directs legislative Commission to conduct interim study of requirements for reapportionment and redistricting. (BDR R-1225)
Chairman Porter explained that the Assembly has added to the bill that at least two members of the study committee be from the Senate Committee on Government Affairs.
SENATOR RAWSON MOVED TO CONCUR WITH AMENDMENT NO. 217 TO S.C.R. 1.
SENATOR TITUS SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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Director Malkiewich requested clarification of the amendment to Assembly Bill 631, that the calculations of the amendment will be based on current population and not on past census or estimates.
Chairman Porter said that is the understanding.
Chairman Porter opened the work session 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 JAMES MOVED TO INDEFINITELY POSTPONE S.J.R. 17.
SENATOR TITUS SECONDED THE MOTION
THE MOTION CARRIED UNANIMOUSLY.
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Chairman Porter opened the work session on Assembly Concurrent Resolution (A.C.R.) 5.
ASSEMBLY CONCURRENT RESOLUTION 5: Amends Joint Rules of Senate and Assembly to restrict consideration of certain legislation. (BDR R-42)
Senator Raggio stated some circumstances cannot be controlled and resolutions for memorials should be done in a timely manner.
SENATOR RAGGIO MOVED TO INDEFINITELY POSTPONE A.C.R. 5.
SENATOR JAMES SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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Chairman Porter adjourned the meeting at 5:25 p.m.
RESPECTFULLY SUBMITTED:
Emory L. Crews,
Committee Secretary
APPROVED BY:
Senator Jon C. Porter, Chairman
DATE: