MINUTES OF THE ASSEMBLY COMMITTEE ON ELECTIONS AND PROCEDURES Sixty-eighth Session March 2, 1995 The Committee on Elections and Procedures was called to order at 3:30 p.m., on Thursday, March 2, 1995, Chairman Giunchigliani 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 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: None STAFF MEMBERS PRESENT: Mr. Robert Erickson, Research Director OTHERS PRESENT: Lorne Malkiewich, Director of the Legislative Counsel Bureau Ande Engleman, Nevada Press Association After the roll was called, Chairman Giunchigliani opened the hearing on A.B. 195. ASSEMBLY BILL NO. 195 - Requires immediate disclosure on weekly list of bill draft requests of name of legislator who requests preparation of legislative measure. Assemblyman Price presented a brief history of the drafting of the aforementioned bill. Chairman Giunchigliani stated she felt section 1, page 2, lines 1- 4 should be left in the bill, which meant the brackets on page 1, lines 8, 9 and 14 should be removed; line 15, the word "not" should be stricken; line 16, the word "until" should be changed to "and"; then strike (1) and (2) and keep (b). Assemblyman Price concurred. Assemblyman Close suggested on line 9 the word "only" be deleted. Assemblyman Price agreed. Ande Engleman, Nevada Press Association, testified she strongly endorsed the bill and urged the committee to pass it. Assemblyman Allard asked would it be a problem if they added "by request" to the bill. Assemblyman Price replied it would not. He mentioned Oregon allowed space on the bill for organizations which he felt allowed the public to be a part of the process. Chairman Giunchigliani stated some of the legislators were concerned about the bill because they felt the lobbyists would have a leg up on lobbying against legislation and kill it before the bill draft was delivered. Assemblywoman Monaghan commented she felt problems could develop if organization's names placed on a bill initially had to be removed because, in the process, they felt the original intent of the bill was changed. As there was no further testimony either for or against A.B. 195, Chairman Giunchigliani closed the hearing and asked for a motion. ASSEMBLYWOMAN LAMBERT MOVED TO AMEND AND DO PASS. ASSEMBLYMAN ALLARD SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. Chairman Giunchigliani asked Assemblyman Price to open the hearing on A.B. 213. ASSEMBLY BILL NO. 213 - Requires legislative commission to appoint legislators with certain qualifications as majority of members of each interim or special committee. Assemblyman Price introduced Mr. Lorne Malkiewich, Director of Legislative Counsel Bureau, who discussed the origin of and deliberations on the above bill. He stated the purpose of the bill was to make sure the majority of the people appointed to the interim or special committee belonged to the substantive committee with jurisdiction over the subject. He also clarified the difference between the word "shall", which confers a duty on a person, and "must" which is a condition or requirement. Assemblyman Price pointed out Utah has yearly sessions so their interim committees meet and hold their hearings one day a month in the Legislative Building, then if something needs to be done legislatively, the governor calls a special session while everyone is there. Chairman Giunchigliani inquired how many interim committees are formed each session here and if there is a policy stating how often the same issues can be studied. Assemblyman Price responded each house is allowed seven interim committees and one legislature cannot put limits on another legislature, so if each session wanted to study the same issue, they could. Assemblyman Price noted in other states where they use standing committees for interim studies, they hold hearings on subjects, have the bill drafted, pre-filed into committee and actually pass legislation based on interim studies. Bills could then be passed out of that house into the next house on the first two or three days of the session, which could be viewed as a way of shortening the session. Chairman Giunchigliani suggested that might work in an annual session but, since Nevada meets bi-annually and there are elections in between, that could present a problem. Assemblywoman Monaghan inquired if qualifications should be broadened in scope to include experience and knowledge from outside the legislature. Mr. Price agreed. Assemblywoman Freeman stated she felt it was imperative there be representatives on the interim committee from the standing committee so their knowledge could be used for informed decisions. Assemblyman Close felt there needed to be a good mix on these committees to provide different perspectives on the issues. Assemblyman Dini agreed with Assemblyman Close stating if you get too restrictive, you are not allowing new members to move up. Chairman Giunchigliani asked if it were possible to state that "x" number of members should be from "x" committee and the rest of the members could be appointed. Assemblyman Dini stated it could be a problem on the Senate side if an equal number of members are not appointed from each side. Assemblywoman Lambert wondered, with the turnover they have been experiencing, if they were wasting time discussing something that cannot be controlled in the end. Maybe they should deal with the resolutions individually as they are presented and try to put together a committee with numbers that make sense. Assemblyman Dini said perhaps they should specify that the commission, when setting up interim study groups, should take into consideration the previous committees the proposed member had served on and his expertise and base their appointment on that. Assemblyman Close asked if this had to be done by statute or could it be placed in the legislative commission rules as the latter would certainly save time, effort and money. Mr. Malkiewich remarked the commission could amend the current rules to specify criteria for appointing interim study groups. He stated there would be a meeting of the Legislative Commission on March 29 upon adjournment of both houses. Ande Engleman came forward to testify in support of A. B. 213. She stated although she agreed with Assemblyman Dini and Assemblyman Close about having a good mix on the committee, she strongly felt there needed to be people involved in the interim study appointed to the committee after the study was done. Chairman Giunchigliani asked if the committee would feel comfortable in sending a letter to the Legislative Commission asking them to consider a policy attempting to place individuals on interim committees from standing committees and those that have other qualifications wherever possible or something along those lines. She asked for a motion to indefinitely postpone. ASSEMBLYMAN ALLARD MADE A MOTION TO INDEFINITELY POSTPONE A.B. 213. ASSEMBLYMAN FETTIC SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. The hearing was closed on A.B. 213 and opened on A.C.R. 10. ASSEMBLY CONCURRENT RESOLUTION NO. 10 - Amends Joint Rules of Senate and Assembly to require introduction of certain legislative measures within specified time. Mr. Lorne Malkiewich opened by stating this amendment says a bill or joint resolution must be introduced within 10 legislative days after delivery by the Legislative Counsel. If it is not, a two-thirds majority of all the members of the appropriate standing committee of the Senate or Assembly is required for its introduction. The point is to stop people from holding bills until the end of session. Chairman Giunchigliani asked if the 10 days included a reprint. Mr. Malkiewich replied the 10 day deadline would start the day the bill is redelivered to the committee in its form ready for introduction. Assemblywoman Freeman questioned whether there was a need for this bill. She was concerned if the 10 day limit would allow for setting up hearings and getting people scheduled to testify. She would like to think legislators would be responsible enough to act promptly on their bills. Assemblyman Dini asked for clarification on lines 27 and 28 which states, "A legislator may not change the subject matter of a request for a legislative measure after it has been submitted for drafting". Mr. Malkiewich responded the intent of the rule was to make sure the changes are on the same subject not that you cannot make any changes at all. This is to ensure bill drafts are not requested very early just to get a low BDR number which would give them priority. Assemblyman Allard stated he agreed with the intent to avoid a log jam at the end of the session, but he does have a problem with the 10 day limit. Assemblyman Close also questioned the 10 day limit and wondered what was the reason behind specifically choosing 10 days. Mr. Malkiewich replied he thought that was the first suggestion made in the committee. The point was to avoid holding bills until the end of session. Chairman Giunchigliani asked if there was a rule stating no committee introductions were allowed after a certain period of time. Mr. Malkiewich stated the rules prohibit introduction of a bill by a legislator after the 15th or 16th legislative day unless it was requested before that time or approved by a committee but there is no limitation in the standing rules or rules of either house on BDRs or introductions by committee. Assemblyman Freeman pointed out it was legislators not staff that requested this bill. ASSEMBLYWOMAN FREEMAN MOVED TO INDEFINITELY POSTPONE A.C.R.10. ASSEMBLYMAN ALLARD SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. Assemblyman Close asked if the members wanted to amend the rules of the committee to require a second. The intent is not to limit the opportunities of the committee to accept motions, but it is usually standard to require a second in order to consider a motion. Assemblyman Dini stated tradition and custom over the last 30 years has always been a second. He would like to see that added to the rules. ASSEMBLYMAN DINI MADE A MOTION TO AMEND THE COMMITTEE RULES TO REQUIRE A SECOND. ASSEMBLYMAN FETTIC SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. As there was no further business brought before the committee, Chairman Giunchigliani adjourned the meeting at 4:45 p.m. RESPECTFULLY SUBMITTED: Susanne Mund, Committee Secretary APPROVED BY: Assemblyman Jack D. Close, Chairman Assemblywoman Chris Giunchigliani, Chairman Assembly Committee on Elections and Procedures March 2, 1995 Page