MINUTES OF THE ASSEMBLY COMMITTEE ON ELECTIONS AND PROCEDURES Sixty-eighth Session April 13, 1995 The Committee on Elections and Procedures was called to order at 3:35 p.m., on Thursday, April 13, 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 EXCUSED: None GUEST LEGISLATORS PRESENT: None STAFF MEMBERS PRESENT: Mr. Robert Erickson, Research Director OTHERS PRESENT: None Chairman Close called committee's attention to the "Work Session Document" which would be the agenda for the Work Session. See (Exhibit C). ASSEMBLY CONCURRENT RESOLUTION 11 - 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 Lambert presented to the committee (Exhibit D) which modified the language of A.C.R. 11. She recapped each section of the proposed legislation and concluded by explaining the important part was number 11 on page 4, "The filing of the complaint does not prevent any action from being taken with respect to legislation considered at the meeting, and a determination pursuant to subsection 9 that a violation does not affect the validity of any legislation heard or considered at the meeting in question." Chairman Close and Assemblywoman Giunchigliani complimented Assemblywoman Lambert on her work. Assemblywoman Giunchigliani discussed committees holding hearings on bills which did not exist, and she asked Assemblywoman Lambert for her thoughts concerning whether the subject would properly fit in the legislation. Assemblywoman Lambert stated A.C.R. 11 dealt with violations of current rules. Assemblywoman Giunchigliani's interest would change the current rules or tighten the interpretation, and Assemblywoman Lambert did not think A.C.R. 11 was the right vehicle. Assemblywoman Giunchigliani stated she would continue to pursue the issue separately from A.C.R. 11. Assemblywoman Lambert, referring to (Exhibit D), page 2, paragraph 5, second line, questioned whether one person alone could violate the rules. It was a policy decision for the committee, she cited. Chairman Close voiced his concern about the way page 2, paragraph 5, second line was written, and thought consideration should be given to amending the wording to a committee as opposed to an individual. Chairman Close continued, the difference was open meeting law and open meeting. The intent was to make certain all activities of the committees were open to the public, and committees would abide by the rules. Assemblywoman Lambert questioned whether A.C.R. 11 should require a list of legislators who made the violation or should one legislator be listed. Assemblyman Fettic asked who was responsible for noticing the meetings, and Chairman Close replied the Co-Chairs were responsible for assuring the five day rule was kept. Assemblyman Fettic then asked if the Co-Chairs were responsible for posting the meetings, how could anyone accuse a committee member of violation. The discussion he heard concerned the individual on the committee. Assemblyman Fettic and Assemblywoman Lambert discussed interpretations of violations. Chairman Close acknowledged Ms. Erdoes had identified and addressed the concerns in her memo to the committee. See (Exhibit E). The concern previously expressed would be whether or not two or three individuals discussing an issue would be a questionable problem. Ms. Erdoes attempted to deal with each of the areas of concern in her position statement, he related to the committee. Chairman Close stated the concern would be whether two or three individuals talking about an issue would be a questionable problem, and he believed she attempted to deal with each of the areas in her position statement. Chairman Close specifically referred to (Exhibit E) from Ms. Erdoes, on the third page, "Do discussions which occur during a recess of a meeting...or the Assembly Standing Rules" and "Do the open meeting requirements apply to informal gatherings?" Assemblywoman Giunchigliani believed if policy decisions dealt with postings, it should be the Co-chairs, but in other instances, it probably should be a quorum of the committee. Chairman Close previously had asked for committee vote on A.C.R. 11. ASSEMBLYMAN DINI MOVED TO AMEND AND ADOPT A.C.R. 11. ASSEMBLYWOMAN GIUNCHIGLIANI SECONDED THE MOTION. Chairman Close asked for further discussion. There was none. THE MOTION CARRIED. ASSEMBLY BILL 78 - Requires legislative auditor to conduct performance audit of state's program of group health insurance that is provided by committee on benefits through plan of self- insurance. Assemblywoman Giunchigliani confirmed Assemblyman Bache stated he felt comfortable the audit done by Mr. Gary Crews had found many of the problems of concern within Risk Management, and if Elections and Procedures desired, A.B. 78 could be indefinitely postponed. In two years if Risk Management had not complied with the audit requirements which were made based on the report, Assemblyman Bache would reintroduce the legislation. ASSEMBLYMAN DINI MOVED TO INDEFINITELY POSTPONE A.B. 78. ASSEMBLYWOMAN LAMBERT SECONDED THE MOTION. Chairman Close asked for discussion. There was none. THE MOTION CARRIED. ASSEMBLY BILL 279 - Limits number of requests for legislative measures which may be submitted by local governments. Chairman Close, prime sponsor of A.B. 279, told committee he had met with local county and city entities regarding the limitation of Bill Draft Requests and had met with members of Legislative Counsel Bureau for input. He hoped to have further information for the committee on April 20. Assemblyman Dini communicated to the committee he had discussed the subject with the Majority Leader of the Senate, and he suggested Chairman Close speak with Senator Raggio. Assemblywoman Giunchigliani described a discussion in Ways and Means regarding a limited number of bill drafts for the local governments and compensation to the Legislative Counsel Bureau for bill drafts which went over that number. Chairman Close conveyed a discussion was held with local governments regarding giving the local governments a certain number of bill drafts. He clarified local government included city and county governments. One method would have county entities to come under the county, city or organization as opposed to being separate. Elected officials would approve the request. He referenced a situation in a county where a request was submitted in August and September, and the County Commission did not approve it until February. Prioritization of their bills when submitted was also an idea. The input had been good, and something positive would be created, he felt. ASSEMBLY JOINT RESOLUTION 23 - Proposes to amend Nevada constitution to revise provisions governing certain constitutional officers. Chairman Close said nothing had been accomplished, and he asked if committee was clear on the intent of the legislation. Assemblyman Allard asked if there was an amendment. Chairman Close replied "no", and he explained everything dealing with the Lieutenant Governor/Governor subject would be struck from A.J.R. 23 so the legislation would only concern combining the Treasurer and the State Controller. ASSEMBLYMAN ALLARD MOVED TO INDEFINITELY POSTPONE A.J.R. 23. ASSEMBLYWOMAN LAMBERT SECONDED THE MOTION. Chairman Close asked for discussion. Assemblyman Allard explained in testimony it was brought forth there would be less accountability if the two positions were combined, which was the basis on which he made the motion. Assemblywoman Giunchigliani spoke against the motion for the reason that two years ago the Treasurer appeared before the Committee on Ways and Means and suggested the two constitutional offices should be merged into one position. That was still the Treasurer's position, she said. His people testified they took no position on A.J.R. 23 because they thought a bill was coming from the Senate which specifically dealt with how the duties would be handled. However, Mr. Bache testified he was told by Ms. Morgan when the draft was done, the duties should not go in the bill. He was specifically told duties should be a separate issue, she reiterated. Assemblywoman Giunchigliani believed Nevada did not need two Constitutional officers doing a similar job and to some extent duplicating services. Assemblywoman Giunchigliani expressed opposition to the motion to indefinitely postpone. Assemblywoman Lambert expressed she was not opposed to the Treasurer and Controller being combined, but had to know more about the relationship in between and the internal controls. She referred to another instrument which would do a better job and which was her reason for a second to the motion to indefinitely postpone A.J.R. 23. Assemblyman Fettic echoed Assemblywoman Lambert's statements. He did not like the idea of one person handling all the money. His intention was to vote to indefinitely postpone. Assemblywoman Giunchigliani suggested A.J.R. 23 be postponed until the B.D.R. list could be checked to see if something was there. Nothing had come forward which she had seen, but if there was another vehicle, committee might want to review. Chairman Close said the comments at the hearing and from Mr. Brad Lawrence of the Treasurer's office, was the wording in the bill was not right and another bill was needed though he favored one Constitutional officer performing both functions. Chairman Close believed when the Treasurer, or the representative of the Treasurer, expressed concern that A.J.R. 23 was not the right vehicle, then perhaps A.J.R. 23 should be discussed again because obviously the Treasurer would be assuming the responsibility of the Controller and Mr. Lawrence would not have a strong vested interest at this point in time. Chairman Close announced he would be in favor of indefinitely postponing because committee could still bring it back to discuss further if something was not forthcoming in the B.D.R.'s. Assemblywoman Monaghan announced she would also vote to indefinitely postpone. Assemblyman Dini stated this was a Constitutional amendment. He saw nothing lacking in the bill. He announced he personally favored holding the legislation until more information was obtained. Assemblywoman Lambert thought the people of the state of Nevada would have the same questions committee had regarding the checks and balances. She suggested there might be a way to amend the Constitution which provided more direction. She did not see any reason to send A.J.R. 23 to defeat because it left many questions unanswered. THE MOTION CARRIED. ASSEMBLYMEN DINI, PERKINS, PRICE AND ASSEMBLYWOMAN GIUNCHIGLIANI VOTED NO. Chairman Close told committee he would communicate with the Treasurer's office about the wording, and he announced reconsideration could be done at a later time. Assemblywoman Giunchigliani at this time suggested A.J.R. 23 could be used as the vehicle to insert other language. Assemblyman Dini wondered if Research could check how many states appointed a Controller under the Governor. The Governor appointing a Controller would give the check and balance. Chairman Close noted some of the data was provided in previous testimony. Mr. Erickson advised he would provide the information. SENATE JOINT RESOLUTION 2 - Urges Congress to propose constitutional amendment to limit power of courts to levy or increase taxes. Chairman Close read the resolution and asked for discussion or a motion. ASSEMBLYMAN DINI MOVED TO DO PASS ON S.J.R. 2. ASSEMBLYMAN PRICE SECONDED THE MOTION. THE MOTION CARRIED. ASSEMBLY BILL 371 - Authorizes candidate to file declaration that he will not serve in office if elected. Chairman Close explained A.B. 371 was introduced by Assemblyman Nolan and testimony was received in regard to the problem Mr. Nolan had in his election. Mr. Close received communications through Mr. Nolan from the Clark County Election Department which tried to identify the methodology of posting when an individual would withdraw or become deceased. It involved utilization of the sheriff's department, he added. The co-chair and Chairman Close felt it would still be the responsibility of the Registrar of Voters. Chairman Close then read the communication from the Clark County Elections Department which would be a last sentence to subsection 2 in A.B. 371. "If the county or city clerk receives a declaration or notice thereof more than five working days prior to election day, the clerk shall prepare and distribute the signs to the appropriate polling place. If the declaration or notice thereof is received less than five working days before election day, the Clerk shall prepare the signs for the sheriff to distribute on election morning before the polls open." Chairman Close stated he and Co-chair Giunchigliani felt that was a fairly significant hardship on the sheriff's department and should be the responsibility of the Registrar of Voters if committee chose to have that accomplished. Assemblyman Fettic questioned whether this was truly a problem and was really needed. Assemblywoman Giunchigliani responded she understood there was only one individual in the last four years in Clark County where this had occurred and it was out of an illness and announced in the press. Assemblyman Dini echoed the previous remarks and stated he would make a motion if the Chairman wished. Assemblyman Fettic responded the only time this would come into play would be if somebody should die or would withdraw from the race. It would not be an ongoing thing and would only be a matter of letting the voters know. Assemblyman Fettic thought it did not seem necessary to pass a law when there was not a problem. Chairman Close said the media attempted to inform the public when an individual would withdraw from a race or become deceased. However, there are individuals who do not read the newspaper or listen to a radio or watch television, and therefore were not knowledgeable of happenings. Chairman Close believed Mr. Nolan's thought was the education of the voter by having the sign posted. ASSEMBLYMAN DINI MOVED TO INDEFINITELY POSTPONE A.B. 371. ASSEMBLYWOMAN FREEMAN SECONDED THE MOTION. Chairman Close asked for discussion. Assemblywoman Giunchigliani said in the hearing the issue of someone passing away was discussed but was not dealt with in the legislation. A.B. 371 was the issue of withdrawal. Legislation might not be warranted for that narrow window when somebody might withdraw from a race. Chairman Close questioned if the motion were to pass, if it would be helpful for correspondence to be made with the Registrar of Voters to deal with the issue. He thought the issue could be implemented at the local level. Assemblywoman Giunchigliani suggested a letter to the Registrars of Voters noting this was a concern, but did not warrant having to waste time in the process and the cost of legislation. Suggestions could be made in the letter of how this type of situation could be handled by the Registrar of Voters. Since it was not in any of their Bill Draft Requests, it apparently was not perceived as a problem by the Registrars, but at least the Registrars could be put on notice and given ideas on how to deal with it. It could be brought back in two years if there was a problem. Chairman Close asked for further discussion. There was none. THE MOTION CARRIED. ASSEMBLYMEN ALLARD, CLOSE, HUMKE AND PRICE VOTED NO. ASSEMBLY BILL 372 - Revises provisions governing residency requirements for candidacy for and retention of public office. Chairman Close called committee attention to the word "constructively" which was brought forth in discussion in the hearing and was one of the issues. "Constructively" needed to be dealt with, he told committee. Assemblywoman Giunchigliani felt A.B. 372 warranted more work and she was researching information for the legislation. Assemblywoman Monaghan agreed and thought A.B. 372 was workable but had areas which required work. Committee needed to be careful with what was done regarding residence. Chairman Close said unless committee had objections, Co-chair Giunchigliani would continue to work on A.B. 372 and bring a report to the committee. ASSEMBLY BILL 412 - Revises provisions governing contests of elections of certain state officers. Chairman Close said a recommendation had been made by Ms. Lucille Lusk to include the comment, "Any action taken during the term of office shall be null and void," and that was a major difference from the intent. He asked committee if there was a desire or intent to consider the comment. Assemblywoman Lambert thought after the contests were decided and members had been seated, if they were unhappy with something which happened that the previous now-gone member voted on, they could reconsider and vote again. Mrs. Lambert felt that was the way to adjust, and stated it was complicated to put that provision in. ASSEMBLYWOMAN MONAGHAN MOVED TO DO PASS ON A.B. 412. ASSEMBLYWOMAN GIUNCHIGLIANI SECONDED THE MOTION. Chairman Close asked for discussion. There was none. MOTION CARRIED. ASSEMBLY BILL 274 - Provides method for determining leadership in either assembly or senate in event of evenly divided membership between two political parties. Assemblyman Dini discussed the county districts, and said this was a precedent. Assemblywoman Lambert said whatever way was decided to initially break the tie, it should just be the first choice in two lists of positions. She stressed it was a tie, and would be unfair to the representatives to whoever would lose by coin toss or vote of the people. She reiterated it should be first pick in a couple of lists or first pick of the list, or something similar. Chairman Close said committee would do additional work and he would make copies for the committee of the information Assemblyman Dini provided. Committee would discuss at a later time if agreed. There was no dissent. ASSEMBLY RESOLUTION 5 would memorialize people on Friday. Chairman Close suggested to committee A.R. 5 be taken off the Clerk's desk, rerefer it back to committee and take appropriate action. The committee agreed. Chairman Close reminded committee of A.J.R. 20 which would be introduced and referred to committee. Chairman Close opened discussion on the possible amendments to the Nevada Lobbying Disclosure Act. Assemblywoman Giunchigliani believed a need existed to clarify in statute registration by lobbyists since average every-day people were being told if they were in the building to talk to anybody other than their own legislator, they had to register. That is not the intent nor what the statute says, she emphasized. Assemblywoman Giunchigliani moved to use (Exhibit F) and request a bill draft to allow the public and the press to know what was discussed regarding how to strengthen the Lobbyist Law. If committee wishes to kill it at that point, it can be done, but at least there would be a document to put in. ASSEMBLYWOMAN GIUNCHIGLIANI MOVED COMMITTEE REQUEST A BILL DRAFT WITH THE TWO PAGES (SEE EXHIBIT F, WORK SESSION DOCUMENT FOR LEGISLATION CONCERNING LOBBYISTS). ASSEMBLYMAN PRICE SECONDED THE MOTION. Chairman Close recognized Assemblyman Fettic who commented the bill had not had a full term to shake out. He suggested going through a session to see what should be changed. Chairman Close acknowledged Assemblyman Allard during the testimony expressed the same opinion in that regard. He thought committee was trying to react to problems as they came forth. He thought committee had some objective changes that might help strengthen the Lobby law. Assemblywoman Giunchigliani restated her motion. ASSEMBLYWOMAN GIUNCHIGLIANI MOVED TO TAKE THE DOCUMENT OF PAGES 1 AND 2 TO REQUEST A BILL DRAFT AS WELL AS THE CLARIFICATION IF NEEDED REGARDING CITIZEN LOBBYISTS. ASSEMBLYMAN PRICE SECONDED THE MOTION. Chairman Close asked for discussion. There was none. THE MOTION FAILED. ASSEMBLYMEN HUMKE, ALLARD, DINI, ASSEMBLYWOMAN FREEMAN AND MONAGHAN VOTED NO. THE MOTION FAILED. Chairman Close announced no meeting would be held April 18. There being no further business to come before committee, the meeting was adjourned 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 April 13, 1995 Page