MINUTES OF THE
SENATE Committee on Government Affairs
Seventy-First Session
March 16, 2001
The Senate Committee on Government Affairswas called to order by Chairman Ann O'Connell, at 11:15 a.m., on Friday, March 16, 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 William R. O’Donnell
Senator Jon C. Porter
Senator Joseph M. Neal, Jr.
Senator Dina Titus
Senator Terry Care
GUEST LEGISLATORS PRESENT:
Senator Dean A. Rhoads, Northern Nevada Senatorial District
STAFF MEMBERS PRESENT:
Kimberly Marsh Guinasso, Committee Counsel
Juliann K. Jenson, Committee Policy Analyst
Sherry Rodriguez, Committee Secretary
OTHERS PRESENT:
Jim Van Winkle, Municipal Judge, Department 3, Municipal Court, City of Reno
Mary Henderson, Lobbyist, City of Reno
Robert L. Crowell, Lobbyist, Attorney, Nevada Judges Association
Chairman O’Connell:
We have a bill draft request (BDR) we have asked for, BDR R-1493.
BILL DRAFT REQUEST R-1493: Congratulates Dr. John H. Seinfeld for being selected recipient of 2001 Nevada Medal presented by Desert Research Institute and sponsored by shareholders of Nevada Bell. (Later introduced as Senate Concurrent Resolution (S.C.R.) 25.)
SENATOR NEAL MOVED TO INTRODUCE BDR R-1493.
SENATOR O’DONNELL SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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Senator Raggio:
I would like to request we obtain a resolution memorializing our former lobbyist, Lee Smith (Lobbyist, Nevada Mining Association). I will make the motion.
SENATOR RAGGIO MOVED TO REQUEST A RESOLUTION MEMORIALIZING, LOBBYIST, LEE SMITH.
SENATOR NEAL SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
*****
We will now open the hearing on Senate Bill (S.B.) 272. This is for the City of Wells.
SENATE BILL 272: Makes various changes to charter of City of Wells. (BDR S-1225)
Chairman O’Connell:
We called this meeting just for you, Senator Rhoads.
Senator Dean A. Rhoads, Northern Nevada Senatorial District:
Thank you, Madam Chairman. The people from Wells could not be here today, and I am joined by the Nevada League of Cities’ Dalene Ketcher. Do you have the letter in front of you, from the City of Wells [Exhibit C]?
Chairman O’Connell:
Yes, we do.
Senator Rhoads:
Do you want me to read it for the record or just submit it in the record?
Chairman O’Connell:
Just submit it to the record, Senator Rhoads.
Senator Rhoads:
Basically, they (City of Wells) have discovered, that for years they have been operating illegally. This just straightens out their city charter.
Chairman O’Connell:
Nobody had noticed?
Senator Rhoads:
Nobody noticed, but anyway, it is just a matter of . . .
Chairman O’Connell:
Clarifying what they do?
Senator Rhoads:
Clarifying what they do, yes. So they need to have it changed and become a legal city.
Chairman O’Connell:
Committee, are there any questions on the bill? OK, if not, thank you, both, very much. Is there anyone else here to speak to S.B. 272? OK, if not, we will close the hearing on S.B. 272.
We will open the hearing on S.B. 304.
SENATE BILL 304: Amends charter of City of Reno by increasing term of office of municipal judges. (BDR S-870)
Jim Van Winkle, Municipal Judge, Department 3, Municipal Court, City of Reno:
I am Jim Van Winkle. I am a municipal court judge with the City of Reno. This bill is simply seeking to amend the Charter of the City of Reno to provide that the municipal court judges in the city be elected for 6-year terms, instead of the current 4-year terms.
As you probably recall, there are two, maybe three, other bills, one from Henderson, one from Las Vegas, each of which is a little bit different, in that (respect) I think there may be one coming from Sparks that all seek to do this.
Chairman O’Connell:
I think (from) North Las Vegas, too.
Judge Van Winkle:
Maybe from North Las Vegas as well. But they all seek to essentially do the same thing, which is to amend the charters of the respective cities and provide for 6-year terms. Basically, this is just equity, I think. We are seeking to have 6-year terms, as have all the rest of the judges in the state of Nevada. When I first got into this process, I determined there were 147 judges in the state of Nevada. That includes the Nevada Supreme Court, the district courts, justice courts, and municipal courts. I think they have actually added a couple of more judges since then, in the past election.
Out of those, 128 of those judges already have 6-year terms and there were 19 of us who are all municipal court judges who do not have 6-year terms. That is basically what this bill does.
Senator Neal:
Are you term-limited?
Judge Van Winkle:
No, we are not, Senator. We were in the term limits petition that was voted on a couple of years ago. Then we got separated out, and term limits for judges did not pass.
Chairman O’Connell:
Committee, any questions? If not, thank you very much, Sir.
Senator Raggio:
Just one (question). Judge Van Winkle, I have not read this as thoroughly as I had hoped; how many judges are there in Reno, now?
Judge Van Winkle:
There are four municipal court judges in Reno. We just added the fourth, Judge Ken Howard. He became full-time just a little over a year ago. So, we do have four, as the population keeps growing, obviously, we will be adding some more in the next few years, but, currently we have four.
Senator Raggio:
Does this propose they all be elected at the same time?
Judge Van Winkle:
No, Judge Dilworth, who is back here, his election cycle is different from Judge Hickman’s, who is over here on my left. Judge Hickman, Judge Howard and I, we were all reelected in the 2000 election cycle. Judge Dilworth’s term will be up in 2002, and he will run again then. I assume he will run again. I do not know if he wants to make that announcement this soon.
Senator Raggio:
The terms you are presently in, are they 4-year terms?
Judge Van Winkle:
(Yes), 4-year terms.
Senator Raggio:
This bill would kick in, at the expiration of your current 4-year term? And, then you would run for a 6-year term, is that correct?
Judge Van Winkle:
That is correct.
Senator Raggio:
That is the intent of the bill? So, there still would be some elected at one period and another at a subsequent period.
Judge Van Winkle:
Even with the charter change, Judge Dilworth is going to be on a different cycle than the other three of us.
Senator Raggio:
I wonder if it is appropriate, that is one of the reasons I was looking at this. Would it be appropriate to provide in here, someway, so there would not be three at one time and one at another time?
Somebody would run for, maybe, a 4-year term until you got two and two or something of that kind.
Judge Van Winkle:
You know, I think it is probably six of one, half a dozen of the other. I think you could certainly do that, but, I do not know which one of the three of us would want to run for a 4-year term rather than a 6-year term.
Senator Raggio:
That is why you draw straws.
Judge Van Winkle:
We probably would not volunteer.
Senator Raggio:
Thank you.
Chairman O’Connell:
Committee, any other questions? OK, thank you very much, sir. Anyone else on S.B. 304?
Senator Raggio:
I would just ask a question, has this bill been endorsed by the city council?
Judge Van Winkle:
Yes, it has, Senator. It was passed by the (Reno) City Council on November 21 of last year. I guess, essentially what it is, is a recommendation to the Legislature that they amend the charter.
Senator Raggio:
Thank you.
Mary Henderson, Lobbyist, City of Reno:
Thank you, Madam Chairman. Mary Henderson, representing the City of Reno and the Reno City Council. This request did come to council after our BDRs were submitted at the end of August. The council has formally adopted support of this position. I know this is very similar to a bill you had with the City of Las Vegas, which, I believe, was passed out to this committee very recently. Council feels this is a very good move for our municipal court. We will get everybody on an even playing field.
Senator Neal:
You are not doing this because Las Vegas is doing it?
Ms. Henderson:
No, I am doing it because Henderson is doing it. (Laughter from the committee). But that is in the other house. Thank you, Madam Chairman.
Chairman O’Connell:
Thank you, Ms. Henderson. OK, Mr. Crowell.
Robert L. Crowell, Lobbyist, Attorney, Nevada Judges Association:
I am Bob Crowell, appearing on behalf of the Nevada Judges Association. We, too, endorse and support S.B. 304.
Chairman O’Connell:
Do you have any comment as to the suggestion Senator Raggio made?
Mr. Crowell:
Whatever is the pleasure of the committee on the elections, the judges took no position on that. They support the 6-year term, and however you want to stagger it, I think it is fine with them.
Chairman O’Connell:
Thank you.
Senator Porter:
Madam Chairman, while Bob (Mr. Crowell) is still here, how many cities are left that do not have 6-year terms?
Mr. Crowell:
I think you have seen all the bills, with the exception of the City of Sparks, and I think that is still being drafted, right now. So, I think that will include everyone.
Senator Porter:
North Las Vegas has a charter bill coming?
Mr. Crowell:
Right.
Senator Porter:
And what about Mesquite?
Judge Van Winkle:
They have a different system. Their municipal court judge is appointed, he is also the justice of the peace (JP) down there, as well. It is kind of a strange system because he is elected JP, but appointed to serve as municipal court judge.
Senator Porter:
Thank you.
Chairman O’Connell:
Senator Porter, when Judge Van Winkle first initiated or began his remarks, he said there are 147 judges in Nevada, of which, 128 already had the 6-year terms. So, they are just trying to bring all the other judges on an even playing field with the current 128. So, I am sure we are going to be having bills until all of the remainder are up to the 6-year term as well.
Senator Porter:
Mr. Crowell, all the judges are attorneys, right? You do not have to answer that, that is carried over from last session. (Laughter from the committee).
Mr. Crowell:
That is a negative.
Chairman O’Connell:
OK, any other questions for these gentlemen? Anyone else to address S.B. 304?
Senator Neal:
Is it too late for us to get a bill to make the Senate 6-year terms?
Chairman O’Connell:
I do not think so, Senator Neal. We can amend that right into this. (Laughter from the committee).
If that is all the business to come before the committee, then we will adjourn and everybody have a happy ”St. Patty’s Day.”
Chairman O’Connell adjourned the meeting at 11:28 a.m.
RESPECTFULLY SUBMITTED:
Sherry Rodriguez,
Committee Secretary
APPROVED BY:
Senator Ann O'Connell, Chairman
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