MINUTES OF THE

SENATE Committee on Government Affairs

 

Seventy-First Session

March 9, 2001

 

 

The Senate Committee on Government Affairswas called to order by Chairman Ann O'Connell, at 11:25 a.m. on Friday, March 9, 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 Terry Care

 

COMMITTEE MEMBERS ABSENT:

 

Senator William R. O’Donnell (Excused)

Senator Dina Titus (Excused)

 

STAFF MEMBERS PRESENT:

 

Kimberly Marsh Guinasso, Committee Counsel

Juliann K. Jenson, Committee Policy Analyst

Julie Burdette, Committee Secretary

 

OTHERS PRESENT:

 

Thomas J. Grady, Lobbyist, Nevada League of Cities and Municipalities

Brett Kandt, Deputy Attorney General, Government Affairs Section, Office of the Attorney General

Madelyn Shipman, Lobbyist, Washoe County

Robert S. Hadfield, Executive Director, Nevada Association of Counties

 

Chairman O'Connell opened the hearing asking for testimony explaining the intent of Bill Draft Request (BDR) 31-353.

 

 BILL DRAFT REQUEST 31-353:  Revises provisions governing local government             finance.  (Later introduced as Senate Bill 317.)

 

Thomas J. Grady, Lobbyist, Nevada League of Cities and Municipalities, explained this request dealt with language that the committee on local government finance had worked on throughout the year to make technical corrections to chapter of 354 of Nevada Revised Statues (NRS), the finance section. 

 

Marvin Leavitt, Lobbyist, City of Las Vegas, testified as chairman of the local government finance committee.  Mr. Leavitt said he had gone through the language of chapter 354 of NRS to itemize and order everything in this one section of the bill draft request.

 

            SENATOR NEAL MOVED TO INTRODUCE BDR 31-353.

 

            SENATOR PORTER SECONDED THE MOTION.

 

            THE MOTION CARRIED.  (SENATORS TITUS AND O’DONNELL WERE ABSENT FOR THE VOTE.)

 

*****

 

Chairman O’Connell closed the hearing on BDR 31-353 and opened the hearing on Assembly Bill (A.B.) 128.

 

ASSEMBLY BILL 128:  Requires approval by attorney general of certain contracts and leases before such contracts and leases take effect. (BDR 22-479)

 

Brett Kandt, Deputy Attorney General, Government Affairs Section, Office of the Attorney General, asserted that A.B. 128 would simply codify existing state policy requiring the Office of the Attorney General to review and approve inter-local contracts for compatibility and form to which a state agency is a party.  Mr. Kandt offered an amendment to the bill (Exhibit C) prepared by his office.  He emphasized the bill had been discussed but with no opposition in the Assembly.  Mr. Kandt continued stating that some of the constitutional officers in the Executive Branch of government had voiced concern to the Office of the Attorney General regarding the breadth of authority that the original language granted to the Office of the Attorney General.  Mr. Kandt elaborated saying that his office does not review proposed contracts or leases from the perspective as to whether it might be a good business deal for the state.  He said that would be the responsibility of the state officer or the State Board of Examiners.  However, the Office of the Attorney General does routinely approve such contracts and leases as to whether they contain appropriate terms and conditions to protect the state and whether the contract or lease complied with all applicable laws.  Mr. Kandt noted that the amended language simply stated that the Office of the Attorney General would approve such contracts and leases as to form and compatibility with law.

 

Chairman O'Connell asked for questions from the committee.

 

Senator Neal pointed out the deletion of language in lines 39 through 41 on page 2 and asked why it had been necessary to insert the additional language.  Mr. Kandt responded that his office was particularly looking at not only the form of the document but ensuring that the nature of the agreement was authorized pursuant to law and, in fact, a legal agreement.  Mr. Kandt summarized, stating that both sections had been amended to reflect the same language.

 

Chairman O'Connell closed the hearing on Assembly Bill 128 and opened the hearing on Senate Bill (S.B.) 226.

 

SENATE BILL 226:  Removes limitation on amount of cost of premiums for health insurance that certain governmental entities may pay for retired employees. (BDR 23-320)

 

Madelyn Shipman, Lobbyist, Washoe County, came forward to request that the committee indefinitely postpone S.B. 226.  Ms. Shipman went on to explain the county had determined this bill could be addressed in the next legislative session.

 

            SENATOR PORTER MOVED TO INDEFINITELY POSTPONE S.B. 226.

 

            SENATOR CARE SECONDED THE MOTION.

 

 

 

 

            THE MOTION CARRIED.  (SENATORS TITUS AND O’DONNELL WERE             ABSENT FOR THE VOTE.)

 

*****

 

Chairman O'Connell opened the hearing on Assembly Bill (A.B.) 98.

 

ASSEMBLY BILL 98:  Requires board of county commissioners to fix terms of office of chairman and vice chairman of board. (BDR 20-414)

 

Robert S. Hadfield, Executive Director, Nevada Association of Counties (NACO), explained A.B. 98 was a measure that would simply allow the county commission to fix the terms of the chairperson and vice chairperson of the commission.  Mr. Hadfield said that at present there were differing opinions from district attorneys throughout the state.  Therefore, NACO was asking this committee to approve A.B. 98 so that the county commission could determine the length of time a chairperson and vice chairperson would serve. 

 

Senator Neal remarked he thought that was the situation currently.  Mr. Hadfield responded no, the length of a term was subject to varying opinions of different district attorneys throughout the state.  As a result of the differences the Nevada Association of Counties Board decided to clarify, in law, that the county commissions should have the authority to make the decision as to length of term.

 

Chairman O'Connell asked for further testimony or questions regarding A.B. 98.  There was none.  The Chairman closed the hearing on A.B. 98.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chairman O’Connell adjourned the meeting at 11:40 a.m.

 

 

RESPECTFULLY SUBMITTED:

 

 

 

Julie Burdette,

Committee Secretary

 

 

APPROVED BY:

 

 

 

                       

Senator Ann O'Connell, Chairman

 

 

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