MINUTES OF THE

SENATE Committee on Legislative Affairs and Operations

 

Seventy-First Session

April 10, 2001

 

 

The Senate Committee on Legislative Affairs and Operationswas called to order by Vice Chairman Mark A. James, at 3:00 p.m., on Tuesday, April 10, 2001, in Room 2144 of the Legislative Building, Carson City, Nevada.  There was no Agenda.  There was no Attendance Roster.

 

COMMITTEE MEMBERS PRESENT:

 

Senator Mark A. James, Vice Chairman

Senator Raymond D. Rawson

Senator Bernice Mathews

Senator Valerie Wiener

 

COMMITTEE MEMBERS ABSENT:

Senator Jon C. Porter, Chairman (Excused)

Senator William J. Raggio (Excused)

Senator Dina Titus (Excused)

 

STAFF MEMBERS PRESENT:

 

Robert E. Erickson, Committee Policy Analyst

Scott G. Wasserman, Chief Deputy Legislative Counsel

Johnnie Willis, Committee Secretary

 

Senator James said the committee had a quorum for the purpose of conducting business, and Senator Porter requested the committee act on a couple of measures.  He noted the first measure was Senate Bill (S.B.) 475.  Senator James explained committee counsel had specified this bill was exempt and did not require any action at present.

 

SENATE BILL 475:  Requires Legislative Auditor to contract for audit of Emission Reduction Credit Program in Clark County.  (BDR S-1497)

 

Senator James said the other measure the committee did need to act on was S.B. 57, which requires employers to grant leave for legislators to attend meetings that are part of their legislative commitment during the interim. 

 

SENATE BILL 57:  Requires employers to grant leave for legislators to attend certain meetings during legislative interim.  (BDR 17-157)

 

Senator James said there was a proposed amendment for this bill and asked Senator Rawson to explain the proposed changes.

 

Senator Rawson explained this bill could have a devastating effect on small businesses and he would like to propose in section 1, subsection 3, where it read a “public or private employer” that the committee add language that read, “private employer who employs over 50 employees.”  He said this change in the language would eliminate the burden on small “mom and pop” organizations. 

 

Senator Wiener asked whether Senator Carlton had spoken with the committee chairman or vice chairman regarding amending the section of the bill about conferences, interim meetings, and other legislative-related meetings.  Senator James said that was another concern with this bill.  He said the committee needed to decide whether there should be an adjustment to the requirement of granting leave when the meeting was not actual business of the Legislature, but a conference or a seminar.

 

Senator Wiener said she did not want to speak for Senator Carlton, but Senator Carlton had indicated to her that she would be agreeable to amending the conference or seminar part of the bill. 

 

Senator James said the committee could strike that language from the bill.

 

Senator Rawson said he would be willing to add that to his motion.

 

Senator James stated then section 1, subsection 3, paragraphs (e), and (f) would be stricken from the bill. 

 

Senator Mathews explained she had to take her annual leave to attend meetings such as those outlined in section 1, subsection 3, paragraph (d) of the bill and asked whether the committee was considering striking that section also.  She said part of the problem is that the employer is left in a bind when the meetings in paragraph (d) are added on top of the regular legislative meetings, even if he or she has more than 50 employees.  Senator Mathews, continuing to explain, said the legislators should arrange to use their annual leave to attend meetings that are not standing committees. 

 

Senator James said that section read “Meetings of a committee, other than a legislative committee, if the employee is a member of the committee in his official capacity as a legislator.”

 

Senator James noted a committee meeting other than a standing legislative committee might be the Advisory Commission on Sentencing.

 

Senator Mathews said she was a member of the family-to-family committee, and a domestic violence committee, and had arranged well in advance to use her annual leave for those meeting.

 

Senator Wiener said the aging commission, the Advisory Board on Maternal and Child Health, the Advisory Board for the Nevada Task Force for Technological Crime, or the Advisory Commission on Sentencing would be examples of that section of the bill.  She said these are committees or commissions that legislators are appointed to in their official capacity. 

 

Senator Mathews stated she was on the Advisory Board on Maternal and Child Health.  She emphasized that committee had its dates set up for a year in advance, so anyone attending could arrange his or her leave time well in advance.  Senator Mathews explained it put a hardship on everyone when an employee had to be gone.  She said this could lead to jealousy and morale problems. 

 

Senator Rawson noted there was another proposal for an amendment during the hearing.  The proposal was to insert the word “sole” in section 1, subsection 3.  Where it read “at the discretion of the employer,” it would say instead “at the sole discretion of the employer.”  Senator Rawson explained it was felt by adding the word “sole” it would add a level of comfort to employers. 

 

Senator Mathews said that was “pretty strong” language.  Senator Rawson agreed the language was “pretty strong,” and the committee may have already accomplished the purpose of that language.  Senator James replied that he agreed the committee had already accomplished the same thing.

 

Senator Mathews commented when a person was elected to this body that person still had an obligation to his or her employer.

 

SENATOR RAWSON MOVED TO AMEND SECTION 1, SUBSECTION 3 TO STATE OVER 50 EMPLOYEES AND TO STRIKE SECTION 1, SUBSECTION 3, PARAGRAPHS (E) AND (F) AND TO AMEND AND DO PASS AS AMENDED S.B. 57.

 

SENATOR WEINER SECOND THE MOTION.

 

THE MOTION CARRIED.  (SENATORS PORTER, RAGGIO, AND TITUS WERE ABSENT FOR THE VOTE.)

 

*****

 

Senator James adjourned the meeting at 3:30 p.m.

 

 

    RESPECTFULLY SUBMITTED:

 

 

 

Johnnie Willis,

Committee Secretary

 

 

APPROVED BY:

 

 

 

                       

Senator Jon C. Porter, Chairman

 

 

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