MINUTES OF THE ASSEMBLY COMMITTEE ON ELECTIONS AND PROCEDURES Sixty-eighth Session February 21, 1995 The Committee on Elections and Procedures was called to order at 3:30 p.m., on Tuesday, February 21, 1995, Chairman Close presiding in Room 331 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Mr. Jack D. Close, Chairman Ms. Chris Giunchigliani, Chairman Mrs. Joan A. Lambert, Vice Chairman Mr. Richard Perkins, Vice Chairman Mr. Dennis L. Allard Mr. Joseph E. Dini, Jr. Mrs. Jan Evans Mr. Thomas A. Fettic Mrs. Vivian L. Freeman Mr. David E. Humke Mrs. Jan Monaghan Mr. Bob Price COMMITTEE MEMBERS ABSENT: None GUEST LEGISLATORS PRESENT: Assemblywoman Gene Wines Segerblom, District No. 22 Assemblyman Lynn C. Hettrick, District No. 39 Assemblyman Morse Arberry, Jr., District No. 7 STAFF MEMBERS PRESENT: Mr. Robert Erickson, Research Director Mr. Lorne J. Malkiewich, Director OTHERS PRESENT: None ASSEMBLY BILL 18 - Expands area around polling place where electioneering or solicitation of votes is prohibited. Assemblywoman Giunchigliani, sponsor of A.B. 18, discussed potential amend- ments obtained from her work with the Secretary of State's office (Exhibit C). Assemblywoman Lambert addressed the point of the interior of large buildings which had polling places inside. Assemblywoman Giunchigliani responded that she had not been able to come up with language to deal with this question and was open to ideas. Assemblywoman Giunchigliani clarified the language on Line 2, "Except as otherwise provided in Subsection 2 and NRS 293.361..." was an exemption for 30 feet because of early voting in the Elections Department or at malls. The 100 feet would apply for all other buildings. Assemblyman Fettic discussed voting on the inside of large buildings and felt the problem was people in the doorway. He suggested a circumference of 25 feet. Assemblywoman Giunchigliani thought during interim his suggestion could be addressed. ASSEMBLYMAN DINI MOVED TO AMEND AND DO PASS ON A.B. 18. ASSEMBLYMAN ALLARD SECONDED THE MOTION. Chairman Close asked for further discussion on the amendments. THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. (ASSEMBLYMAN HUMKE WAS ABSENT AT THE TIME OF THE VOTE). Assemblywoman Giunchigliani explained that she needed to be excused to attend a Town Hall meeting in her district. Chairman Close noted that she was excused. ASSEMBLY BILL 79 - Requires legislative auditor to conduct performance audit of University and Community College System of Nevada. Assemblyman Dini suggested amendment on page 1, line 2 to read "...and the Board of Regents." ASSEMBLYWOMAN LAMBERT MOVED TO AMEND AND DO PASS ON A.B. 79. ASSEMBLYMAN FETTIC SECONDED THE MOTION. Chairman Close asked for further discussion. THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. (ASSEMBLYMAN HUMKE AND ASSEMBLYWOMAN GIUNCHIGLIANI WERE ABSENT AT THE TIME OF THE VOTE). ASSEMBLY JOINT RESOLUTION 13 - Proposes to amend Nevada constitution to provide procedure to resolve conflict between certain initiative petitions approved by voters. Assemblyman Price stated he had nothing to report. ASSEMBLY JOINT RESOLUTION 16 - Urges Congress to eliminate inequities in payment of social security benefits to "notch babies." Assemblywoman Gene Wines Segerblom, District No. 22 and sponsor of A.J.R. 16, explained the legislation was first introduced by former Assemblyman Petrak. She informed committee a "notch baby" was a person born between 1917 and 1926, and she asked committee to pass A.J.R. 16 which urged Congress to eliminate inequities in social security benefits to "notch babies." Assemblywoman Segerblom, responding to Assemblywoman Freeman's inquiry, informed committee those born between 1917 and 1921 could receive an additional $50 per month in benefits, and, ideally, past losses of $50 per month would also be repaid to social security beneficiaries. For those born between 1921 and 1926, the amount would be minimal, she added. ASSEMBLYWOMAN FREEMAN MOVED TO DO PASS ON A.J.R. 16. ASSEMBLYMAN ALLARD SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. (ASSEMBLYMAN HUMKE AND ASSEMBLYWOMAN GIUNCHIGLIANI WERE ABSENT AT THE TIME OF THE VOTE). ASSEMBLY CONCURRENT RESOLUTION 4 - Directs Legislative Commission to appoint committee to continue review of Tahoe Regional Planning Compact. Assemblyman Lynn C. Hettrick, District No. 39 and sponsor of A.C.R. 4, provided history of the bill's genesis and explained the Compact was amended by California and Nevada in 1987 and changed the representation on the Board. Nevada had no direct representation on the Tahoe Regional Planning Agency Board, but California did, and Assemblyman Hettrick felt Nevada should have direct oversight. He added the committee was an inexpensive committee. Assemblyman Hettrick further commented public testimony was allowed and the people appreciated the opportunity to talk to the legislature in regard to problems at Lake Tahoe. People had a public forum and a chance to keep legislators informed. Assemblywoman Freeman, having previously served on the committee to review T.R.P.C., stated much was accomplished, people attended the meetings and people on all sides of the issue testified. She felt recommendations made by attendees were good recommendations. Assemblyman Hettrick at this time thanked Mrs. Freeman for her work on the committee. ASSEMBLYWOMAN FREEMAN MOVED TO ADOPT A.C.R. 4. ASSEMBLYMAN ALLARD SECONDED THE MOTION. Chairman Close asked for discussion. Assemblywoman Lambert affirmed her support of a study at Lake Tahoe, but noted committee traditionally had waited to review all interim studies until near the end of session when budget was disclosed with number of studies allocated for the Assembly and number of studies allocated for the Senate. Priorities were then set and allocated accordingly. She was concerned a dangerous precedent would be set by voting early in the session. Mr. Bob Erickson, Research Director, clarified the A.C.R. 4 oversight committee was not one of the usual interim studies. He further stated the legislation was not charged against one house or the other and typically was passed early in the session. He pointed out a Senate Concurrent Resolution two years ago allowed the oversight committee to continue. Assemblyman Dini thought A.C.R. 4 was more significant than some other studies. He explained A.C.R. 4 was a liaison between the legislature and T.R.P.A., and, since the legislature funded one third of the cost, legislature would like to know the accomplishments. Assemblywoman Lambert agreed to support A.C.R. 4 if it was a study separate from the other budgeting process. Chairman Close asked for further discussion. There was none. THE MOTION CARRIED UNANIMOUSLY BY THOSE PRESENT. (ASSEMBLYMAN HUMKE AND ASSEMBLYWOMAN GIUNCHIGLIANI WERE ABSENT AT THE TIME OF THE VOTE). ASSEMBLY CONCURRENT RESOLUTION 8 - Amends Joint Rules of Senate and Assembly to remove provisions requiring 2-week adjournment during legislative session. Assemblyman Morse Arberry, Jr., District No. 7, began his presentation reading from prepared text (Exhibit D) and concluded by asking committee to support A.C.R. 8. Assemblyman Price conveyed his understanding A.C.R. 8 only removed the mandatory requirement for two-week adjournment, and a two-week recess during session could still be done if legislature thought the recess would be useful. Assemblyman Arberry confirmed Assemblyman Price's understanding was correct. Chairman Close advised the adjournment was created to facilitate the work of the money committees and to involve the people in Las Vegas. He then asked Assemblyman Arberry if the two-week adjournment was not successful. In response to Chairman Close's inquiry, Assemblyman Arberry clarified the intent was not being achieved. Avenues of communication through teleconferencing in the new Grant Sawyer Building were presently available for participation by the public. Chairman Close conveyed Elections and Procedures Committee had also attempted to improve communications by audio conferencing as an experiment for providing testimony from Las Vegas. Assemblywoman Monaghan noted Assemblyman Arberry's declaration that the adjournment was useful for the finance committees and asked the consequences to the finance committees if adjournment was discontinued. Assemblyman Arberry clarified the sole purpose of A.C.R. 8 was to eliminate the two-week adjournment. When adjournment was eliminated, a viable plan could be worked out. Assemblyman Perkins asked if the two-week adjournment hurt the legislature as a whole, and asked for cost of the two-week adjournment. Assemblyman Arberry did not think the money committees were hurt as the committees were able to get their work done, but he did not know what transpired in Las Vegas. Assemblyman Perkins then asked if a cost benefit analysis was available for the two-week adjournment. Responding to Assemblyman Perkins' question, Mr. Lorne J. Malkiewich addressed the committee stating when the adjournment was first done. The adjournment did not represent an additional cost to the State of Nevada. Enough costs were cut to offset the cost of sending legislators and staff to Las Vegas. The first session was a break-even proposition since money was saved on salaries. Exact costs for the last two sessions were not compared dollar-for-dollar, he continued, but stated cost of the present two-week adjournment could be slightly higher to send people to Las Vegas though not be a substantial economic change. Assemblyman Allard questioned whether the session would run longer if recess stopped, extra time for the Ways and Means Committee was not available, and no viable proposal was available. Assemblyman Arberry answered Mr. Allard's question by explaining the study committee chaired by Assemblywoman Evans set up time lines and goals which most of the committees were using. Therefore, structuring the legislature with the goals as a possible proposal would assist in legislature ending in a timely manner. Assemblyman Allard felt since money committees set the time line and cost was negligible, no benefit in time or money was obtained by eliminating the two-weeks. He felt benefit was obtained from testimony from constituents in southern Nevada. Assemblyman Arberry said another piece of legislation recommending what legislators should do could be drafted if needed, but the first step would be to pass A.C.R. 8. Assemblywoman Freeman believed the two-week adjournment interrupted work of the other committees, and she described the former practice of the committee holding hearings in Las Vegas. This opportunity, which she supported, was no longer available, and, she added, sessions could possibly be shorter as a result of eliminating the recess and holding hearings in Las Vegas. Assemblyman Fettic conveyed his discussions with other legislators who, he said, universally felt the two-week adjournment did not accomplish their expectations. Assemblyman Fettic declared his support of A.C.R. 8 and contended another plan could be worked out for the best interest of the people of the state and the legislature. Assemblyman Dini expressed disappointment the two-week adjournment in Las Vegas attracted only half as many school children as attended the previous session. He suggested Ways and Means and Finance members only belong to one committee and meet every day thereby avoiding conflict with other committee meetings. The two-week adjournment was requested by Clark County legislators as a management tool primarily for Ways and Means and Senate Finance, he told committee. The original plan was to not have any other committees meet. Assemblyman Dini advised before he could vote, he wanted to know the feelings of the Clark County delegation regarding the legislation. Chairman Close then asked Assemblyman Arberry for input regarding Assemblyman Dini's statement. Assemblyman Arberry responded he had not heard of much opposition. Chairman Close further asked Mr. Arberry if he would outline options to the current two-week adjournment. Responding to Chairman Close's request, Assemblyman Arberry presented committee with examples of alternatives to the current two-week adjournment. (Exhibit E) Assemblyman Allard felt he could support the legislation if a program such as Assemblyman Arberry outlined could be implemented, and Clark County constituents could be shown a shorter session, which would cost less money, could be achieved by omitting the two-week adjournment. Assemblywoman Evans explained many of the points Mr. Arberry made were discussed during the interim committee which studied the budget process. The committee found other states did not have general session every day which would be an option for Nevada. She described previous practices and alternative options of the Nevada legislature. She then declared her support of A.C.R. 8, but emphasized she felt legislators were obligated to find other options for legislature exposure in southern Nevada. Chairman Close then asked for testimony from the audience. There was none. ASSEMBLYWOMAN EVANS MOVED TO ADOPT A.C.R. 8. ASSEMBLYWOMAN FREEMAN SECONDED THE MOTION. Chairman Close asked for discussion. There was none. THE MOTION CARRIED. (ASSEMBLYMAN DINI ABSTAINED FROM VOTING, ASSEMBLYMAN PERKINS VOTED NO, ASSEMBLYWOMAN GIUNCHIGLIANI WAS ABSENT AT THE TIME OF THE VOTE) Chairman Close announced committee had received a letter from Attorney General Del Papa regarding election reform issues which would be an agenda item in the near future. At this time, Chairman Close relinquished the floor to Assemblyman Price who asked for committee introduction for the following bill draft requests: B.D.R. C-436: Proposes to amend Nevada constitution to authorize legislative review of administrative regulations. ASSEMBLYWOMAN FREEMAN MOVED FOR COMMITTEE INTRODUCTION OF THE BILL DRAFT REQUEST. MOTION CARRIED. B.D.R. 18-437: Authorizes legislature to reject certain proposed administrative regulations. ASSEMBLYWOMAN FREEMAN MOVED FOR COMMITTEE INTRODUCTION OF THE BILL DRAFT REQUEST. MOTION CARRIED. B.D.R. 17-438: Creates advisory committee on public access to legislative process and related communications. ASSEMBLYWOMAN FREEMAN MOVED FOR COMMITTEE INTRODUCTION OF THE BILL DRAFT REQUEST. MOTION CARRIED. B.D.R. C-439: Proposes to amend Nevada constitution to provide for commencement of regular legislative sessions in March. ASSEMBLYMAN PERKINS MOVED FOR COMMITTEE INTRODUCTION OF THE BILL DRAFT REQUEST. MOTION CARRIED. B.D.R. 17-440: Requires legislative commission to appoint legislators with certain qualifications as majority of members of each interim or special committee. ASSEMBLYWOMAN LAMBERT MOVED FOR COMMITTEE INTRODUCTION OF THE BILL DRAFT REQUEST. MOTION CARRIED. B.D.R. R-441: Amends Joint Rules of Senate and Assembly to require introduction of certain legislative measures within specified time. ASSEMBLYMAN FETTIC MOVED FOR COMMITTEE INTRODUCTION OF THE BILL DRAFT REQUEST. MOTION CARRIED. ASSEMBLYMAN HUMKE VOTED NO. B.D.R. R-444: Amends Standing Rules of Assembly to allow consideration of resolutions to memorialize, congratulate or commend only at certain time. ASSEMBLYMAN HUMKE MOVED FOR COMMITTEE INTRODUCTION OF THE BILL DRAFT REQUEST. MOTION CARRIED. ASSEMBLYMAN ALLARD VOTED NO. B.D.R. R-442: Amends Joint Rules of the Senate and Assembly to provide for enforcement of constitutional requirement that all meetings of legislative committees be open to public. ASSEMBLYWOMAN FREEMAN MOVED FOR COMMITTEE INTRODUCTION OF THE BILL DRAFT REQUEST. MOTION CARRIED. There being no further business to come before the Committee, Chairman Close adjourned the meeting at 4:30 p.m. RESPECTFULLY SUBMITTED: Bobbie Mikesell, Committee Secretary APPROVED BY: Assemblyman Jack D. Close, Chairman Assemblywoman Chris Giunchigliani, Chairman Assembly Committee on Elections and Procedures February 21, 1995 Page