MINUTES OF THE
SENATE Committee on Government Affairs
Seventy-second Session
April 25, 2003
The Senate Committee on Government Affairs was called to order by Chairman Ann O'Connell, at 10:41 a.m., on Friday, April 25, 2003, in Room 2135 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 Ann O'Connell, Chairman
Senator Sandra J. 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 Bernard (Bernie) Anderson, Assembly District No. 31
Assemblywoman Vonne Stout Chowning, Assembly District No. 28
STAFF MEMBERS PRESENT:
Michael Stewart, Committee Policy Analyst
Scott Wasserman, Committee Counsel
Joseph Bozsik, Committee Secretary
OTHERS PRESENT:
Ronald M. James, State Historic Preservation Officer, Office of Historic Preservation, Department of Cultural Affairs
Christopher Driggs, Archivist, Division of State Library and Archives, Department of Cultural Affairs
Doyle G. Sutton, State Fire Marshal, State Fire Marshal Division
James Cavalieri, Fire Chief, City of Henderson
Jimmy Johnson, Assistant Fire Chief, City of North Las Vegas
Robert Fash, Deputy Fire Marshal, Las Vegas Fire and Rescue
Raymond C. McAllister, Lobbyist, Professional Firefighters of Nevada
George Pyne, Executive Officer, Public Employees’ Retirement Board
Martin F. Bibb, Lobbyist, Retired Public Employees of Nevada
Ruben Murillo, Vice President, Clark County Education Association
Assemblyman Bernard (Bernie) Anderson, Assembly District No. 31, introduced Assembly Bill (A.B.) 318.
ASSEMBLY BILL 318: Directs installation of historical marker at gravesite of former Nevada Governor, Emmet D. Boyle. (BDR S-872)
Assemblyman Anderson noted his constituent, Tom Swarts, wanted to place a historical marker at the gravesite of the late Governor Emmet D. Boyle, Nevada’s first native-born Governor. Assemblyman Anderson indicated former Governor Boyle was the son of an Irish immigrant born in Gold Hill, Nevada. Assemblyman Anderson mentioned Governor Boyle, in 1915, was the youngest elected Governor at the age of 35. Assemblyman Anderson concluded Governor Boyle was buried in the Mountain View Cemetery in Reno and A.B. 318 would allow for the collection of monies to place an appropriate marker at his grave.
Senator O’Connell asked if there were other former Nevada Governors not noted as such on their gravestones. Ronald M. James, State Historic Preservation Officer, Office of Historic Preservation, Department of Cultural Affairs, said he did not know. Mr. James indicated he would like to have the marker placed on one of the cemetery streets near the gravesite.
Senator Tiffany asked why the historical marker should be
posted at Governor Boyle’s gravesite rather than birthplace. Assemblyman
Anderson indicated his constituent wanted it located at the gravesite.
Additionally, Christopher Driggs, Archivist, Division of State Library and
Archives, Department of Cultural Affairs, noted Governor Boyle was born in Gold
Hill and
for a time resided in Carson City across from the Governor’s Mansion, but
suggested the most appropriate place for the marker would be the gravestone.
Senator Tiffany indicated she did not know how many people would go to a gravesite. She asked if the marker could be posted in a house or city, a more traditional location. Assemblyman Anderson said the funds would be from private individuals and that Nevada’s responsibility would only be to help facilitate the placement of the marker.
Senator Raggio indicated he thought a gravesite marker was appropriate. He asked if a list of gravesites of Nevada’s former Governor’s existed. Mr. Driggs indicated he believed the State library had such a list.
Senator Raggio noted Mountain View Cemetery had a nice monument for former U.S. Senator Pat McCarran. He added, many people visit cemeteries. Senator Raggio concluded the State, with family consent, should help.
Senator O’Connell asked if there were gates at the entrance of the cemetery that could accommodate the marker for Governor Boyle. Mr. James said the gates would be problematic because they were on a hill, probably not a safe location for cars to stop. However, he noted there must be a place on the cemetery grounds for the marker. Mr. James said the cemetery was a good site for Governor Boyle’s marker. He explained the Gold Hill site where he was born was almost certainly gone and his Reno residence was gone, and too many Governors have been acknowledged at the Governor’s Mansion and office to adequately acknowledge Governor Boyle.
Senator O’Connell closed the hearing on A.B. 318 and opened the hearing on A.B. 328.
ASSEMBLY BILL 328: Requires Secretary of State to submit advisory question to voters concerning regulation of sale and use of fireworks in all counties of State of Nevada. (BDR S-787)
Assemblywoman Vonne Stout Chowning,
Assembly District No. 28, indicated A.B. 328 would create a ballot
question asking, “Shall the Nevada Legislature direct the State fire marshal to
adopt regulations to regulate the sale and use of fireworks in all counties of
this State?” She noted A.B. 328 was a public safety
measure. She explained people could not enjoy the July 4 holiday in
Clark County, because they could not leave their homes for fear of fire
damage. The culprit, she noted, was the “sky rocket” because of their
unpredictable landings. Assemblywoman Chowning indicated many homes have
burned. She said the “sky rockets” were not legal in Clark County, but were in
Nye County. She included in her packet, Exhibit C,
Nye County’s fireworks ordinance. She indicated the ordinance stated people
could purchase the “sky rockets,” but could not ignite them nor keep them
longer than 24 hours in Nye County. Additionally, she said they were illegal in
California.
Assemblywoman Chowning pointed out taxpayer costs were incurred from putting out fires and tending to injuries caused by fireworks. Nevada was the last state without a fireworks law, she said; only a patchwork of standards existed. Assemblywoman Chowning explained, many have argued local control was best, but without a State standard many problems were caused. She also mentioned the proliferation of fireworks had occurred in California, where they were illegal, and California wanted Nevada to pay for the confiscation and disposal of the fireworks. Assemblywoman Chowning offered a picture of a boy injured by fireworks, Exhibit D, which additionally included a list of states with fireworks regulations, and fireworks-related injury statistics.
She described the difference between “safe and sane” fireworks and those not “safe and sane.” The latter were quicker to ignite, due to a paper fuse, and were not manufactured with as great a scrutiny. Uniformity throughout State law would provide uniform enforcement, she concluded.
Doyle G. Sutton, State Fire Marshal, State Fire Marshal Division, offered testimony, Exhibit E, which indicated the division’s support of A.B. 328, listed several statistics related to the use of fireworks, and included two articles about the dangers of fireworks.
Senator Care asked Mr. Sutton what regulations he would like to see Statewide. Mr. Sutton stated his position would be to regulate who could buy and sell fireworks and eliminate the sale of dangerous fireworks. He indicated the State should set a minimum standard and the counties should be allowed to adopt stricter ordinances.
Senator O’Connell asked Mr. Sutton if the State laws have been effective. She explained, Mr. Sutton had said each state, except Nevada, had uniform fireworks laws, but the statistics showed an increase in fireworks-related accidents. Mr. Sutton responded, he could not specifically answer the question, but noted his understanding was states with regulations had a decline in injuries. He indicated people were purchasing fireworks in one state and igniting them in a state where they were illegal.
Senator O’Connell asked how Nevada’s fireworks statistics have changed, since the State gave the counties control of fireworks licensing. Mr. Sutton said he did not have the statistics, but indicated only a small number of counties were actually regulating the fireworks.
James Cavalieri, Fire Chief, City of Henderson, expressed his support of A.B. 328. He said he believed with Statewide uniformity, safer fireworks would be created. Mr. Cavalieri anecdotally noted, the responses for service on July 4 were from calls due to the large “sky rocket” and cannon-type fireworks, not the “safe and sane” fireworks.
Jimmy Johnson, Assistant Fire Chief, City of North Las Vegas indicated his support of A.B. 328. He stated the bill would provide consistent Statewide fireworks regulations viewed favorably by the area fire departments.
Robert Fash, Deputy Fire Marshal, Las Vegas Fire and Rescue, said Las Vegas Fire and Rescue was in support of A.B. 328. He noted his department wanted a mandate from the people to support fireworks regulations and eliminate illegal fireworks. He commented on July 4, 1998, his department received 541 calls, which was double the normal call volume, due mainly to illegal fireworks.
Raymond C. McAllister, Lobbyist, Professional Firefighters of
Nevada, said his organization, which represented firefighters throughout the
State, supported A.B. 328. He said he believed anything done to reduce
the number of responses with regard to the use of fireworks would be a great
thing. Mr. McAllister remarked every time a call for service was made, a
20,000-pound fire engine would be put on the road and the public would be at
greater risk because the trucks would be traveling through red lights and busy
intersections. Relative to
cost, he noted, much overtime was required during the week of July 4 while
fireworks were on sale in Clark County.
Senator O’Connell closed the hearing on A.B. 328 and opened the hearing on Assembly Joint Resolution (A.J.R.) 3.
ASSEMBLY JOINT RESOLUTION 3: Urges Congress to amend Social Security Act by repealing certain provisions that require reductions in social security benefits for persons who also receive certain federal, state or local government pensions. (BDR R-839)
George Pyne, Executive Officer, Public Employees’ Retirement Board, said the board was on record in support of A.J.R. 3. The resolution, he stated, would urge Congress to amend the Social Security Act by repealing the government pension offset and windfall elimination provisions. The provisions, Mr. Pyne noted, required reductions in the amount of social security benefits paid to persons who also received pensions earned in federal, state, or local government employment, not covered by social security. Since the inception of the offsets, Mr. Pyne commented, it had significantly reduced the social security income of many State of Nevada retirees and had jeopardized their financial security. He said the retirement board believed the fair thing for Congress to do was to reduce or eliminate the offsets. Currently, he remarked, legislation was pending in Congress addressing the concerns mentioned in A.J.R. 3.
Senator O’Connell asked if there was any hope for Congress to give serious attention to the issue. In response, Mr. Pyne said he thought the issue was gaining some attention the last couple of years, but was still an uphill battle. Mr. Pyne added, bipartisan support in Washington, D.C., existed primarily from representatives in the 15 states with public employees not participating in social security.
Martin F. Bibb, Lobbyist, Retired Public Employees of Nevada, noted his support of A.J.R. 3. Mr. Bibb said the provisions were unfair; the social security was earned and full benefits should be received. Additionally, he noted many people were not getting a clear account of the benefits they should be receiving. Mr. Bibb recalled an example of one person who was told he would get a reduced portion of his social security benefit. The information was incorrect, Mr. Bibb indicated, and he received his full benefit.
Senator O’Connell asked how many people the provisions affected. Mr. Bibb said he did not know. Mr. Pyne also acknowledged he did not have the number of people affected. However, Mr. Pyne did note a good percentage of Nevada retirees were or would be subject to the offsets.
Mr. Pyne further noted many people have moved to Nevada in some public capacity, attracted by the benefits. The offset and windfall elimination provisions, he said, would get people to second guess continuing public service in the State. He concluded Nevada’s public employees were concerned about the effect the provisions had on their retirements and the State continued to inform the employees of related information the best it could.
Mr. McAllister indicated his support of A.J.R. 3. Currently under Nevada statutes, he noted, policemen and firemen were eligible to retire at an earlier age. Although, Mr. McAllister said, typically policemen and firemen find other jobs because of health insurance. He explained, when the policemen and firemen get another job and pay for social security, they would not be able to collect their full social security benefit.
Ruben Murillo, Vice President, Clark County Education Association, said nearly 300,000 individuals lose an average of $3600 per year due to the government pension offset. The National Education Association (NEA) convention directed lobbying efforts at the national level to support the repeal of the government pension offsets. Due to the NEA’s efforts, Mr. Murillo indicated, Representatives Gibbons, Porter, Berkeley, and Senator Harry Reid have signed on to the reform legislation. Senator Ensign was the only one who had not, he added. He said a congressional committee was holding a hearing on the repeal of the provisions on May 1.
Mr. Murillo introduced a video, Exhibit
F, which included a report by Dan Rather of CBS television about the
impact of the government pensions offset and
windfall elimination provisions. Mr. Murillo concluded, when public employees
retire, many were facing a dire situation.
Senator O’Connell adjourned the meeting at 11:42 a.m.
RESPECTFULLY SUBMITTED:
Joseph Bozsik,
Committee Secretary
APPROVED BY:
Senator Ann O'Connell, Chairman
DATE: