minutes of the

SEnate Committee on Government Affairs

 

Seventy-second Session

February 21, 2003

 

 

The Senate Committee on Government Affairswas called to order by Chairman Ann O'Connell, at 11:15 a.m., on Friday, February 21, 2003, in Room 2149 of the Legislative Building, Carson City, Nevada. The meeting was videoconferenced to the Grant Sawyer State Office Building, Room 4412, 555 East Washington Avenue, Las Vegas, 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 Sandra Tiffany, Vice Chairman

Senator William J. Raggio

Senator Randolph J. Townsend

Senator Warren B. Hardy II

Senator Dina Titus

Senator Terry Care

 

GUEST LEGISLATORS PRESENT:

 

Assemblyman Lynn C. Hettrick, Assembly District No. 39

 

STAFF MEMBERS PRESENT:

 

Michael Stewart, Committee Policy Analyst

Scott Wasserman, Committee Counsel

Alice Nevin, Committee Secretary

Olivia Lodato, Committee Secretary

 

OTHERS PRESENT:

 

Mary E. Henderson, Lobbyist, City of North Las Vegas and Nevada League of Cities and Municipalities

Robert Lynn Horne, M.D., President, Las Vegas International Scouting Museum

Thomas B. Ciesynski, CPA, Chief Accountant, Washoe County School District, Washoe County

Joan A. Lambert, Lobbyist, Washoe County

Steve Weissinger, Chairman, Board of Commissioners, Douglas County

Dan Holler, County Manager, Douglas County

Barry C. Duncan, Lobbyist, Southern Nevada Homebuilders Association

Mary C. Walker, Lobbyist, City of Carson City, Douglas County, and Lyon County

Lawrence E. Jacobsen, Lobbyist, City of Carson City, Douglas County, and Lyon County

 

The committee opened with Bill Draft Request (BDR) 28 341. Chairman O’Connell stated Senate Bill (S.B.) 145 would not be heard today, but would be scheduled for a later date.

 

BILL DRAFT REQUEST 28-341: Expands exemption from requirements concerning payment of prevailing wage for certain contracts for public works. (Later introduced as Senate Bill 195)

 

Mary E. Henderson, Lobbyist, City of North Las Vegas and Nevada League of Cities and Municipalities, briefly outlined the bill draft request concerning payment of prevailing wage for certain public works contracts. She said the bill would affect rural cities and counties in the State. It would not affect areas with a population of 100,000 or more, she said, adding rural counties would be paying up to 30 percent more if paying the prevailing wage was required.

 

            SENATOR RAGGIO MOVED TO INTRODUCE BDR 28-341.

 

            SENATOR TOWNSEND SECONDED THE MOTION.

 

            THE MOTION CARRIED UNANIMOUSLY.

 

*****

 

Chairman O’Connell opened the hearing on Senate Bill 103.

 

SENATE BILL 103: Extends time county may lease real property of county to corporation for public benefit under certain circumstances. (BDR 20-831)

 

Robert Lynn Horne, M.D., President, Las Vegas International Scouting Museum, testified in favor of S.B. 103, (Exhibit C). He said the Legislature amended the Nevada Revised Statutes (NRS), to give counties the power to donate excess property to corporations for public benefit to be used for charitable or civic purposes. He said the amendment did not take into account that by donating excess property obtained through eminent domain, the donation triggered the rights of the prior owners to repurchase the land. Dr. Horne stated when the county leased property to a charitable organization for 30 years, it made it difficult for the organization to obtain funding for such a short period of time. S.B. 103 would allow counties to grant leases on property for civic or charitable purposes for 99 years, he said.

 

Senator O’Connell asked if the property could be used for any other practical purpose. Dr. Horne stated the property was by the side of Nevada Interstate‑215 and that was the reason it was obtained. A fire station is scheduled to be installed next to the property, he said, and the county had no other use for the land. The county leased the property to the Scout Museum for 30 years, but the museum was unable to obtain funding for such a short period of time, he said.

 

Senator Care asked if the museum would be interested in an amendment that would state the lease was for a charitable organization. He said in Clark County there had recently been a dispute about a lease from the county for 50 years, and a fight ensued about subleasing over whether or not the lessee would use the property as originally intended. Senator Care said he would be in favor of a 99-year lease for a charitable organization.

 

Dr. Horne stated his organization did not want to change lines 9, 10, and 11 of S.B. 103, as these lines appeared to cover the same area Senator Care suggested for the amendment.

 

SENATOR TIFFANY MOVED TO DO PASS S.B. 103.

 

SENATOR HARDY SECONDED THE MOTION.

 

THE MOTION CARRIED UNANIMOUSLY.

 

*****

 

Chairman O’Connell opened the hearing on Senate Bill 141.

 

SENATE BILL 141: Revises provisions relating to certain investments made by local governments. (BDR 31-458)

 

Thomas B. Ciesynski, CPA, Chief Accountant, Washoe County School District, Washoe County, spoke in favor of S.B. 141. He said there were two parts to the bill. The first part of the bill addressed NRS 355.178 relating to lending securities, which, he said, was not applicable to Washoe County. The second part of the bill, he continued, addressed NRS 350.659, and related to collateralized investment agreements. Washoe County has had experience with this type of investment, he stated. The first investment was done for $60 million and the second was for $110 million. Mr. Ciesynski said the investments had brought in over $28 million to the school district over the past 5 years.

 

Chairman O’Connell asked if the investments being made would be higher risk. Mr. Ciesynski said the collateralized investments required 102 percent collateral and are usually government-type securities. He said his department’s investments had been very secure. Chairman O’Connell asked if the investments were short or long term. Mr. Ciesynski stated typically, a build-out schedule was provided to brokers, and they then offered an interest rate that did not have to mature on a particular date. Chairman O’Connell asked if security bonds were being used as collateral. Mr. Ciesynski said the collateral were all government securities, such as treasury notes. Washoe County selected the type of collateral the brokers were permitted to use in the bid.

 

Joan A. Lambert, Lobbyist, Washoe County, also expressed her client’s support for S.B. 141.

 

Senator O’Connell closed the hearing on S.B. 141, and opened the hearing on S.B. 142.

 

SENATE BILL 142: Revises provisions concerning adoption or amendment of master plan by governing body of local government. (BDR 22-424)

 

Steve Weissinger, Chairman, Board of Commissioners, Douglas County, read a brief statement for the record, (Exhibit D), regarding some of the issues and concerns Douglas County had when implementing its new master plan and how S.B.142 would address these issues.

Dan Holler, County Manager, Douglas County, had one request for an amendment to the bill. He said he wanted the supermajority vote to be applicable to a county with a population of under 100,000. Mr. Holler said the request was from the Southern Nevada Home Builders. Mr. Holler also said Douglas County had no problems with that amendment, and they would recommend it. He stated the amendment was on line 12, paragraph 4, of the bill.

 

Senator Titus reiterated the bill was only permissive. She did not want the limitation on population in the bill. She stated all counties should be included and said she wished Clark County would do it and commended Douglas County for the bill. She commented there had been problems in Clark County over attempts to strengthen the master plan. She said she would oppose an amendment limiting the size of the county affected.

 

Assemblyman Lynn C. Hettrick, Assembly District No. 39, agreed with Senator Titus that the bill was permissive and nothing in the bill mandated Clark County would have to adopt the bill. He did not want to create any problems for the bill on either side of the House. He said the bill was a good one because it allowed flexibility, and the commissioners could change it if necessary. He said it took a simple majority to change the bill. The bill was in response to several court hearings concerning the master plan and initiative petitions, he said, and the bill would allow the commissioners to have the strength to stay with the master plan.

 

Barry C. Duncan, Lobbyist, Southern Nevada Homebuilders, Association, stated it was important to address this matter for the needs of Douglas County.

 

Mary C. Walker, Lobbyist, City of Carson City, Douglas County, and Lyon County, stated her clients supported the bill. Lawrence E. Jacobsen, Lobbyist, City of Carson City, Douglas County, and Lyon County, said Senator Mark Amodei and Senator Mike McGinness fully support the bill.

 

There being no further business, Chairman O’Connell closed the hearing on S.B. 142, and adjourned the meeting at 11:38 a.m.

 

 

 

 

RESPECTFULLY SUBMITTED

 

 

 

                                                           

Olivia Lodato,

Committee Secretary

 

 

APPROVED BY:

 

 

 

                                                                                         

Senator Ann O'Connell, Chairman

 

 

DATE: