MINUTES OF THE

SENATE Committee on Government Affairs

 

Seventy-First Session

June 4, 2001

 

 

The Senate Committee on Government Affairswas called to order by Chairman Ann O'Connell, at 4:33 p.m., on Monday, June 4, 2001, 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 Dina Titus

Senator Terry Care

 

COMMITTEE MEMBERS ABSENT:

 

Senator William R. O’Donnell

 

GUEST LEGISLATORS PRESENT:

 

Assemblywoman Kathy A. Von Tobel, Clark County Assembly District No. 20

Assemblyman Lynn C. Hettrick, Douglas, Carson City (part) Counties Assembly District No. 39.

 

STAFF MEMBERS PRESENT:

 

Kimberly Marsh Guinasso, Committee Counsel

Juliann K. Jenson, Committee Policy Analyst

Laura Hale, Committee Secretary

 

Chairman O’Connell asked Assemblywoman Von Tobel to testify on Assembly Joint Resolution (A.J.R.) 14.

 

ASSEMBLY JOINT RESOLUTION 14:  Proposes to amend Nevada Constitution to revise certain provisions relating to system of county and township government and compensation of certain elected officers.  (BDR C-1526)

 

Assemblywoman Kathy A. Von Tobel, Clark County Assembly District No. 20, explained the bill started out as a resolution she requested from the Assembly Committee on Government Affairs.  She reported Nevada Taxpayers Association Lobbyist, Carole Vilardo had requested a change in the state constitution because, she said, the Legislature should not set county salaries, particularly in a session when funding is low and not all position salaries can be raised.

 

Assemblywoman Von Tobel said the bill was further amended in the Assembly Committee on Elections, Procedures, and Ethics, as noted in a handout provided to the committee (Exhibit C).  This amendment, she said, would set in place a commission to study and determine binding salaries for constitutional officers, members of the legislature, supreme court justices, and district court judges.  She explained the commission would consist of 5 members selected by the legislature and 2 members selected by the governor, and would meet every 2 years and hold at least four public meetings.  Their pay would be based on judicial review, she said.

 

Chairman O’Connell responded to Senator Neal she did not remember this issue being on the ballot previously.  However, she said, she wondered where the pay would come from because there was no fiscal note with the bill.  Assemblywoman Von Tobel explained the funding would not become part of the budget until January 1, 2005, when the secretary of state would receive a report from the commission with the recommended salaries.

 

Senator Neal commented to Chairman O’Connell, with a constitutional amendment, the only projected cost to the state would be to place it on the ballot, then, if passed, the legislature would add it to statute, about 7 years from now.  Assemblyman Lynn C. Hettrick, Douglas, Carson City (part) Counties Assembly District No. 39, confirmed Senator Neal’s analysis, as a constitutional amendment, it would have to come back to the legislature in 2 years, then go onto the ballot, then it would be implemented sometime afterward.  Therefore, he said, it does not show any budget impact because it would be at least 5 years out, if it were approved by two legislatures and the people.

 

Assemblywoman Von Tobel pointed out portions of A.B. 606, the pay bill, would sunset with the passage of A.J.R. 14, which would take care of setting specific salaries so indexing would not be needed.

 

ASSEMBLY BILL 606:  Makes various changes regarding compensation of certain public officers. (BDR 1-1435)

 

Senator Raggio explained to Chairman O’Connell A.J.R. 14 contained no qualifications for the commission members, but would restrict who could serve.  For example, he said, members could not be public officials, lobbyists, or relatives.  He thanked the Assembly members for sending the committee a bill on the last day, which the committee had not seen or heard previously.  With regard to A.B. 606, he asked why indexing was added for the courts and county officers, noting this is not done for state employees.  He explained to Senator Neal A.B. 606 contains indexing for justices and county officers based on hourly industrial wages, which he said he believes are fixed through the workers’ compensation program.

 

Assemblyman Hettrick explained while A.B. 606 was in process, he had understood there would be an amendment to take out the indexing.  It was removed for the legislature and some other branches, but remained for judges and county officials, he said.  The intent was to avoid the problem which occurred with the county pay bill, he said, where nobody wanted to vote for it because there were so many communications from people who thought it was unfair for the state to mandate pay increases for the counties.  Typically, the counties include salaries in their budgets submitted to the legislature, then claim those salaries were mandated by the legislature, he said, and Assemblywoman Von Tobel came up with the idea of creating a commission to avoid the appearance of being self-serving.  Since the commission would be independent, pay raises could be achieved during an elected term, he said, which would address concerns raised by judges who support indexing because “they hate the fact that they can’t get a pay raise for 6 years, if they’re in the middle of a term.”

 

Senator Raggio said A.B. 606 was coming to the finance committee in the second reprint and would set up an annual-based salary according to the average industrial hourly wage rate.  This would be done for the county elected offices, and the bill would also provide for legislative raises upon new terms, he said.

Assemblyman Hettrick explained A.B. 606 would raise legislator salaries to $175 for each day of the legislative session or for the constitutional limit, whichever is smaller, but these salaries would not be indexed.  Senator Raggio asserted indexing would get away from criticisms regarding the legislature setting its own salaries.

 

Assemblywoman Von Tobel reiterated to Senator Porter, A.B. 606 includes sunset provisions which would go into effect if A.J.R. 14 were passed.  In that case, she said, the county commissions would not have indexing in the statutes, but they would be setting their own pay through public hearings.  Some adjustment period is provided because A.J.R. 14 would not become effective until 2005, she said, and for those who were not comfortable with indexing, the sunset provision contingent upon passage of A.J.R. 14 made it more tolerable.

 

Senator Raggio asked what would be wrong with having the proposed commission fix salaries for the legislature as well.  Assemblywoman Von Tobel responded, the bill would include the legislature salaries, but they would not be indexed.  Chairman O’Connell confirmed for Senator Porter, these would be constitutional changes.

 

            SENATOR PORTER MOVED TO DO PASS A.J.R. 14.

 

            SENATOR RAGGIO SECONDED THE MOTION.

 

            THE MOTION CARRIED.  (CHAIRMAN O’CONNELL VOTED NO.)

 

*****

 

 

 

 

 

 

 

 

 

 

 

Chairman O’Connell adjourned the meeting at 4:47 p.m.

 

 

RESPECTFULLY SUBMITTED:

 

 

 

Laura Hale,

Committee Secretary

 

 

APPROVED BY:

 

 

 

 

                       

Senator Ann O'Connell, Chairman

 

 

DATE: