MINUTES OF THE meeting
of the
ASSEMBLY Committee on Ways and Means
Seventy-Second Session
May 23, 2003
The Committee on Ways and Meanswas called to order at 9:08 a.m., on Friday, May 23, 2003. Chairman Morse Arberry Jr. presided in Room 3137 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. Morse Arberry Jr., Chairman
Ms. Chris Giunchigliani, Vice Chairwoman
Mr. Walter Andonov
Mr. Bob Beers
Mrs. Vonne Chowning
Mrs. Dawn Gibbons
Mr. Josh Griffin
Mr. Lynn Hettrick
Ms. Sheila Leslie
Mr. John Marvel
Ms. Kathy McClain
Mr. David Parks
Mr. Richard Perkins
COMMITTEE MEMBERS ABSENT:
Mr. David Goldwater (excused)
STAFF MEMBERS PRESENT:
Mark Stevens, Assembly Fiscal Analyst
Susan Cherpeski, Committee Secretary
Anne Bowen, Committee Secretary
Senate Bill 263 (1st Reprint): Makes supplemental appropriation to State Department of Agriculture for unanticipated shortfall in money for Fiscal Year 2002-2003 resulting from unexpected increase in expenses. (BDR S-1268)
Rick Gimlin, Administrative Services Officer, Nevada Department of Agriculture, presented S.B. 263 and explained that the bill would make a supplemental appropriation for unexpected increases in expenses, primarily related to salaries and operating costs. He indicated that the Department had been able to offset a portion of the shortfall by increasing revenues; however, assistance was still needed in the amount of $41,308.
Chairman Arberry questioned the amount of the shortfall, and Mr. Gimlin reiterated that the amount needed was $41,308.
Mark Stevens, Assembly Fiscal Analyst, Fiscal Analysis Division, Legislative Counsel Bureau, requested more detail regarding the shortfall. Mr. Gimlin said the shortfall was a combination of salary, operating, and travel expenses. The majority of the shortfall was in salary costs as there had been reclassifications of positions.
As there was no further testimony, Chairman Arberry declared the hearing on S.B. 263 closed and opened the hearing on S.B. 314.
Senate Bill 314 (1st Reprint): Requires Department of Taxation to collect and report data concerning electronic commerce that is conducted in this state. (BDR 32-36)
Dino DiCianno, Deputy Executive Director, Department of Taxation, presented S.B. 314 and explained that the bill would require the Department of Taxation to conduct a study regarding electronic commerce. The bill was amended in the Senate to require the Department to conduct the study for one specific time period, and the results of the study would be due January 1, 2005, to the Director of the Legislative Counsel Bureau. S.B. 314 would allow the Department to utilize the state demographer, who was an employee of the Department of Taxation, and the demographer would then use his resources at the University of Nevada, Reno, and the University of Nevada, Las Vegas, to conduct the study for the Department.
Mr. DiCianno pointed out that the original fiscal note was the cost for an ongoing study; however, that had been amended in the Senate and changed to a one-time study. The cost was determined to be approximately $25,000 for that one-shot appropriation.
Chairman Arberry questioned the two positions mentioned in the fiscal note. Mr. DiCianno said the positions had been removed when the bill was amended in the Senate, but the $25,000 he had mentioned was not in the bill. Mr. Stevens asked if that amount had been built into the budget closings for the Department. Mr. DiCianno indicated that was correct.
Chairman Arberry declared the hearing on S.B. 314 closed and indicated the Committee would consider a few bills.
Assembly Bill 7 (1st Reprint): Reduces concentration of alcohol that may be present in blood or breath of person while operating vehicle or vessel. (BDR 43‑17)
Mr. Stevens provided an amendment to A.B. 7 which would delete line 28 of Section 15 and would add language stating that “This act becomes effective on September 23, 2003, and expires by limitation on the date of the repeal of the federal law requiring each state to make it unlawful for a person to operate a motor vehicle with a blood alcohol concentration of 0.08 percent or greater as a condition to receive federal funding for construction of highways in this state.”
Assemblywoman Giunchigliani said she had proposed that amendment, but she would not support the bill as she did not like “being held hostage by the federal government.” She indicated she had examined the possibility of the state receiving federal funding without complying with the federal law; however, she had been unable to find a way to do that. Ms. Giunchigliani stated emphatically that A.B. 7 was a federal invasion of the rights of the state, and she repeated that she would not vote for the bill. She reminded the Committee that they could choose not to pass the bill, but there would be a loss of $2.8 million in federal funds the first year and that loss would increase; however, if the state law changed by 2007, the state would be reimbursed.
Assemblyman Beers asked if the year 2007 was the last possible date that the law could be passed and funding could be received. Ms. Giunchigliani indicated that was correct according to the information she had received from the Research Division. Mr. Beers asked if the Legislature had ever considered passing a law that would require employers to remit income tax withholdings to the state of Nevada, and then the state would remit the appropriate amount to the federal government. Assemblyman Hettrick interjected that he had researched that possibility but had been told it was not an option.
ASSEMBLYWOMAN LESLIE MOVED TO AMEND AND DO PASS A.B. 7.
ASSEMBLYWOMAN GIBBONS SECONDED THE MOTION.
MOTION CARRIED. (Mr. Goldwater was not present for the vote.)
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Assembly Bill 513 (1st Reprint): Revises provisions governing provision of safe and respectful learning environment in public schools. (BDR 34‑443)
Assemblyman Parks reminded the Committee that A.B. 513 was a bill promoting a program to eliminate harassment and discrimination in the schools. He explained that the bill had originally contained a fiscal note; however, that fiscal note had been withdrawn. He noted that the Department of Education had requested that language be placed in the bill allowing for the receipt of donated funds to promote the program.
Mr. Parks said that many schools were using programs to promote tolerance, and he mentioned a program called “Don’t Laugh At Me,” which had been developed by Peter Yarrow of the singing group, Peter, Paul, and Mary. He said he would like to see a similar program in Nevada schools as it was a program that focused on behavior and interaction rather than individual beliefs.
Mr. Parks said he had brought forward a similar bill in 2001, and A.B. 513 was meant to carry the principles of that earlier bill forward. The bill had general support from the Department of Education, the majority of school districts, and many concerned Parent Teacher Association groups. Mr. Parks reiterated that the fiscal note had been removed, and he said he would like to include a provision regarding donated funds. He noted that Assemblyman Hardy had proposed an additional amendment that would change the Department of Education to the State Board of Education.
ASSEMBLYWOMAN GIUNCHIGLIANI MOVED TO AMEND AND DO PASS A.B. 513 WITH THE AMENDMENT TO ALLOW THE RECEIPT OF DONATION FUNDS.
ASSEMBLYWOMAN CHOWNING SECONDED THE MOTION.
MOTION CARRIED WITH MR. ANDONOV AND MR. GRIFFIN VOTING NO. (Mr. Goldwater was not present for the vote.)
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Assembly Bill 266: Revises provisions governing education and makes appropriations for education. (BDR 34‑903)
Ms. Giunchigliani provided Exhibit C to the Committee and explained that she had approached the superintendents of the schools regarding A.B. 266, which was the bill outlining the iNVest plan. She opined that it was important to maintain the policy considerations of the bill while removing the fiscal note. In order to maintain the policy, Ms. Giunchigliani had requested that the superintendents submit new language that would not require funding, and the superintendents had submitted the language in Exhibit C. She clarified that the bill would only consist of that submitted language and Section 1, which would effectively remove the fiscal note while retaining the policy.
ASSEMBLYWOMAN GIUNCHIGLIANI MOVED TO AMEND AND DO PASS A.B. 266.
ASSEMBLYMAN PERKINS SECONDED THE MOTION.
MOTION CARRIED WITH MR. HETTRICK VOTING NO. (Mr. Goldwater was not present for the vote.)
The meeting was recessed at 9:28 a.m., and due to time constraints, was not reconvened.
RESPECTFULLY SUBMITTED:
Susan Cherpeski
Committee Secretary
APPROVED BY:
Assemblyman Morse Arberry Jr., Chairman
DATE: