MINUTES OF THE meeting

of the

ASSEMBLY Committee on Constitutional Amendments

 

Seventy-Second Session

February 14, 2003

 

 

The Committee on Constitutional Amendmentswas called to order at 11:43 a.m., on Friday, February 14, 2003.  Chairman Harry Mortenson presided in Room 3161 of the Legislative Building, Carson City, Nevada.  Exhibit A is the Agenda.  Exhibit B is the Guest List.  All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

 

 

COMMITTEE MEMBERS PRESENT:

 

Mr. Harry Mortenson, Chairman

Mr. Bob McCleary, Vice Chairman

Mr. Don Gustavson

Mr. William Horne

Mr. Rod Sherer

 

COMMITTEE MEMBERS ABSENT:

 

None

 

GUEST LEGISLATORS PRESENT:

 

None

 

STAFF MEMBERS PRESENT:

 

Donald Williams, Committee Policy Analyst

Sheila Sease, Committee Secretary

 

OTHERS PRESENT:

 

None

 

Chairman Mortenson gave opening remarks, stating that those in the room should turn off all cell phones and any devices that might emit noise, that the meeting was being recorded, and he then emphasized the importance of courtesy in dealing with members of the Committee, staff, and people testifying.  He encouraged testimony but reminded that statements made must be truthful.  Chairman Mortenson stated that he was not a stickler on requiring all questions and responses be directed through the Chairman and that anyone in the audience was welcome to address any particular member of the Committee.  He reminded all that anyone planning to testify should sign in.

 

Chairman Mortenson introduced himself, stating that this was his fourth Legislative session and that he had been a member of the Constitutional Amendments Committee since it was created in 1999.  He then introduced the members of the Committee, welcoming back the only other returning member of the Committee, Assemblyman Gustavson.  He noted that Assemblyman McCleary was the Committee Vice Chair, and that the other two new members of the Committee were Assemblyman Horne and Assemblyman Sherer.  He then introduced staff, consisting of Sheila Sease, Committee Secretary, and Don Williams, Chief Principal Research Analyst.

 

Chairman Mortenson pointed out that even though there were relatively few measures brought before the Constitutional Amendments Committee, those that were brought forward were usually significant because they were proposed amendments to the Constitution of the State of Nevada.  There were three measures currently before the committee and they were A.J.R. 1 of the 17th Special Session, which related to compensation of certain elected officials; A.J.R. 3 of the 71st Session, which related to the right to vote on certain obsolete provisions; and A.J.R. 8 of the 71st Session, which related to property tax abatement. 

 

Chairman Mortenson then brought the Committee members’ attention to the Committee Standing Rules (Exhibit C). 

 

ASSEMBLYMAN GUSTAVSON MOVED FOR THE ADOPTION OF THE COMMITTEE STANDING RULES FOR THE SEVENTY-SECOND SESSION.

 

ASSEMBLYMAN McCLEARY SECONDED THE MOTION.

 

THE MOTION CARRIED UNANIMOUSLY.

 

Mr. Donald O. Williams, Chief Principal Research Analyst, then presented his Committee Brief (Exhibit D), which discussed the jurisdiction of this Committee.  Mr. Williams then stated for the record: “I am your staff person, Don Williams, with the Research Division.  I am Chief Principal Research Analyst and I will be assisting you with your requests for information during this session.  I am a Legislative Counsel Bureau employee.  I must point out that I cannot take a position on any legislation, either in support or opposition to legislation, but I am here to provide you with information and hopefully be able to research any information requests that you have.”

 

Mr. Williams stated that the jurisdiction of the Committee related to amendments to the Nevada Constitution and issues related to the Constitution of the United States of America, as well as some jurisdiction over other measures with significant Constitutional implications whose referral had been dependant upon the presiding officer, the Speaker of the Assembly.  By way of summary, Mr. Williams repeated the three resolutions and their explanations currently before the Committee.  He then stated that on pages 3 and 4 of his Policy Brief was a list of examples of possible constitutional amendments that might come before the Committee during this session.  He said one significant example would be BDR C-43, which had been originally proposed by former Assemblyman Bob Price, and which would provide for annual legislative sessions.  It had been originally proposed in 1997 as A.J.R. 5 of the 69th Session and it was not successful, he continued.  He stated that Mr. Price had asked for another bill draft and it had been picked up by another legislator, and that there was a fairly good chance that it would come to this Committee.  Mr. Williams explained that the resolution provided for annual sessions of 120 days in the odd-numbered years and additionally 45 calendar days in the even-numbered years, as well as a provision which would allow the Legislature to petition the Governor to call a special session by a two-thirds majority of the Legislature.  Mr. Williams commented that a majority of the states did have such a provision.

 

Chairman Mortenson declared that a majority of states, over 30 of them, could call themselves into session.  He said he had Bill Draft Request C-313 that was slightly different from Mr. Price’s, in that it said, “We can call ourselves into session with a two-thirds majority of both houses.”  He explained the philosophy behind his BDR was that the Legislature was supposed to be a co-equal branch of the government.  Chairman Mortenson said, “In my opinion, when the Governor has to call us into session, that makes us subservient to the Executive Branch.”

 

Mr. Williams commented that he had listed that Bill Draft Request C-313 on page 4 of his Committee Policy Brief.  He then reminded the Committee of the deadline dates for the 120-day session, the key one being February 24, 2003, for final committee bill draft requests.  Mr. Williams declared that the Speaker of the Assembly has 50 BDRs that he could allocate to the various committees and that Mr. Williams understood that the Speaker planned to allocate one to this Committee.  Mr. Williams continued that the other deadlines were March 17, 2003, for the introduction of individual bills; March 24, 2003, for introduction of bills that might be requested by this Committee; April 11, 2003, was the deadline for passage of all bills out of committee in the House of origin; April 22, 2003, was the deadline for passage of all bills out of the House of origin; May 16, 2003, for second House committee passage; May 23, 2003, was the deadline for second House passage.  He pointed out that, assuming the Committee held weekly meetings, the April 11deadline for committee passage in the first House would mean that the Committee only had eight remaining meeting dates available between February 21, 2003, and the deadline date of April 11, 2003.

 

On page 5 of the Committee Brief, Mr. Williams listed information on just how the Nevada Constitution could be amended.

 

An informal discussion ensued regarding possible times for future Committee meetings.  It was the consensus among the members that the best time would be on Fridays following the floor session.

 

Chairman Mortenson declared that eventually it was very tough to hold Constitutional Amendments Committee meetings at such a time.  Many previous meetings had been held behind the Bar and he wanted to avoid that as much as possible. 

 

The Committee members then individually introduced themselves with a brief biography.  Mr. Sherer stated that he represented District No. 36, one of the largest in the state, and that he had been the manager of a grocery store for 23 years.  Mr. Gustavson, who represented Assembly District No. 30, stated that he was glad to be back on this Committee.  In his private life, Mr. Gustavson, was a truck driver.  District No.11 was represented by Mr. McCleary, who also stated that he had been in the automotive industry for the last 17 years.  Mr. Horne declared that he represented District No. 34 and looked forward to being on the Committee.  Mr. Williams said that he was from Texas, where he began his career and that he and his wife had moved to this area in the early 1980s. 


Mr. Williams also explained that his wife was a professor of psychiatry at the University of Pittsburgh and that his daughter was a veterinarian.

 

There being no other business, Chairman Mortenson adjourned the meeting at 12:13 p.m.

 

 

 

 

 

 

 

 

 

 

 

 

                                               

RESPECTFULLY SUBMITTED:

 

 

 

Sheila Sease

Committee Secretary

 

 

APPROVED BY:

 

 

 

                       

Assemblyman Harry Mortenson, Chairman

 

 

DATE: