MINUTES OF THE
SENATE Committee on Judiciary
Seventy-First Session
May 24, 2001
The Senate Committee on Judiciarywas called to order by Chairman Mark A. James, at 8:56 a.m., on Thursday, May 24, 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 Mark A. James, Chairman
Senator Jon C. Porter, Vice Chairman
Senator Mike McGinness
Senator Maurice Washington
Senator Dina Titus
Senator Valerie Wiener
Senator Terry Care
STAFF MEMBERS PRESENT:
Bradley A. Wilkinson, Committee Counsel
Allison Combs, Committee Policy Analyst
Barbara Moss, Committee Secretary
Chairman James opened the hearing by thanking everyone who had been patient while following the process over the past few days, and he apologized for canceling yesterday’s meeting. He said a number of individuals in the Legislature had been working over the past several weeks to address issues regarding the state budget and the critical needs in the education system.
The Senator indicated various plans and proposals had been offered to do the right thing in terms of the budget and the education system, while at the same time to do something innovative, consistent, and in the spirit of Nevada’s commitment to remaining a state that is business-friendly, encourages new businesses, and will keep the economy vital and growing. Senator James pointed out that was the spirit and intent of the plans offered in the committee by himself and others in support of those issues in the past few days.
Senator James said there had been discussions with the Governor, which had been very positive. The Senator was pleased to inform everyone those discussions were reaching a happy conclusion. Senator James declared he would defer to the Governor to make an announcement. He remarked members of the committee, as well as other colleagues in the Senate and Assembly, were a large part in reaching the conclusion.
Continuing, Senator James indicated Bill Draft Request (BDR) 7-1547 (Exhibit C) presented on May 22, 2001, was currently being redrafted and would be introduced on the Senate Floor today. He said he would explain what the bill would be, and what part it would play in the Governor’s overall plan to address budget issues and critical needs in education.
BILL DRAFT REQUEST 7-1547: Limits common-law and statutory liability of corporate stockholders, directors and officers and increases fees for filing certain documents with secretary of state. (Later introduced as Senate Bill 577.)
Senator James explained the proposal to create a new graduated annual list would be removed from the bill. He indicated the bill contained a number of corporate filing fees for mergers and acquisitions, reinstatements of charters, amendments of charters, and certificates, expediting fees for those who have business transactions that are proceeding at a fast pace and need things accomplished in the Secretary of State’s office immediately. The Senator noted all of these items in the prior BDR were being increased. He said that together, over the biennium, these fees would raise, at a conservative estimate from the Legislative Counsel Bureau (LCB), $30 million. With the processing of this legislation, Senator James indicated the $30 million would become an integral part of the Governor’s plan to address budget and education issues.
Although he did not wish to preview the Governor’s plan too extensively, Senator James pointed out the $30 million that would emanate from this bill, should it be processed by the Senate and Assembly, would go directly to classrooms and students, and would save all vital programs. It would go to textbooks, technology, music programs and sports programs. The Senator emphasized there would be no elimination of music programs, sports programs, or any other extra-curricular activities that were associated with schools in Clark County, or elsewhere, if the legislation was passed and embraced the plan that would be presented by the Governor.
In addition, Senator James said this money would be a great part of doing the right thing for hardworking teachers, ensuring they receive the richly deserved salary increase they have earned over the past years. He expressed hope the Nevada educational system would become one of the best, rather than one of the most struggling, in the country.
Further, Senator James indicated his intention was to allow the bill drafters to complete the bill-drafting process, introduce the bill on the Senate Floor, refer it back to the Senate Committee on Judiciary as the committee of jurisdiction, hold a hearing on it tomorrow morning, and propose that it be processed in the Senate immediately.
Senator Porter said he would like to applaud the Governor and Senator James for their efforts on behalf of all the members of the business and education community, as well as the members of the Senate Committee on Judiciary and the Legislature. He pointed out that Senator James summarized the bill quite well. The Senator stated that, conceptually, the program appeared very friendly to the state of Nevada, and was all inclusive. He said it appeared to do exactly as Senator James mentioned, and placed desperately needed dollars in classrooms and programs—from music to sports—and also to those hardworking teachers.
Further, Senator Porter expressed a grave concern shared by Senator James and other members of the committee, which was the impact on small businesses. He pointed out this has been a very fluid process and all angles have been perused in order to do all the right things for all the right reasons. Senator Porter expressed appreciation for the hard work of Senator James and staff on a win-win effort on behalf of the state of Nevada.
In conclusion, Senator James said the bill would be introduced on the Senate Floor today, and he anticipated other ideas being brought forward as the hearing process unfolded. He expounded this was a great start and would meet many of the state’s challenges.
Senator Titus indicated she is glad a solution to the problem had been found. She said the approach was one that needed to be studied and she was optimistic about it. The Senator indicated several weeks ago Senator Schneider introduced a bill calling for funding of education that would at least meet the national average. She noted there was no funding mechanism in the bill, but it was a move to at least address why it has not been done, and seek sources of revenue to make it possible. Senator Titus said the Democrats followed it up with a letter to the majority leader requesting full-blown hearings to look at all the different kinds of things. To Senator James she stated, “We are very pleased there was a response from the Governor and the majority leader, and we are very happy to work with you. We commend you for all you have done and look forward to making this happen.”
Senator James thanked Senator Titus for her positive comments. In addition, he thanked the number of people in Las Vegas who were concerned about education, including Moms, Dads, teachers, and the Parent and Teacher Association (PTA) members, who had gathered during the last couple of days. He expressed thanks for their support to the committee in pursuing these matters and expressed regret they were unable to testify. Senator James noted today the committee’s time was being utilized to make this announcement. Tomorrow there would be a hearing after the bill was introduced and received a number, and then everyone would have an opportunity to review it and provide their comments. He said at that time everyone would be able to review and digest what, in his opinion, was a “tremendous” plan that would be presented by the Governor and on his schedule at the appropriate time tomorrow.
There being no further business to come before the committee, Senator James adjourned the hearing at 9:32 a.m.
RESPECTFULLY SUBMITTED:
Barbara Moss,
Committee Secretary
APPROVED BY:
Senator Mark A. James, Chairman
DATE: